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Would I be correct to assume your lease contains a provision that the landlord maintains the common parts in reasonable repair please?
Are there any specific provisions relating to security in the lease?
On what grounds have your complaints been rejected?
yes you are correct that there is a clause about landlort maintaining commons area in reasonable repair state. I am not sure if there is any provision on security of the lease.
and about your last question, no the complaint has not been rejected it has been ignored and not act uppn.
something else it might be relevant is that we involved the police in February as the young people entered the building almost on a daily base. We did inform the building manager emailing her a list of action to be taken to secure the premises but nothing has been done to date.
Thanks. There was a big case that went to the house of Lords in the matter of Liverpool City Council Respondents v Irwin and Another Appellants in which it was decided by the court that in the absence of a specific term being present in a contract (here the lease) such a term will be implied into the contract where it is necessary to do so.
If the landlord is responsible for maintenance of common parts then it follows that they must provide adequate and appropriate security for the same and such a term can be argued to be implied into the lease by virtue of the above decision.
Rather than go to court to resolve the matter there is a more cost effective solution available to you. Under the same initially your recourse is to complaint to the HA as you have done. If you are not satisfied with the outcome of the complaint, you can refer your complaint to the Housing Ombudsman
The Ombudsman will decide whether it will investigate your complaint. The Ombudsman may ask you to answer questions as well as the HA. The Ombudsman will then make a decision. The Ombudsman can ask the HA to review its decision and also award you compensation if it finds in your favour.
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