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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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I am looking to gain legal advice on an incident that took

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I am looking to gain legal advice on an incident that took place in my home.
I live in a new shared-ownership property and reported an issue with hot water in my bathroom to my landlord, Notting Hill Housing (NHH). As the flat is still under warranty, NHH arranged for United Living (the building contractors) to attend the property. United Living arranged with their sub-contractor, JD Geering (responsible for all plumbing on the development) to attend on 8th October.
As I couldn't be at the property for work commitments on that day, I arranged with United Living/JD Geerings to leave my key with the concierge. On the day of the appointment, the concierge called me when the contractor arrived to confirm access and then signed the key out to the contractor at 10:50am.
I returned home from work that day at 6.15pm to see that the window in my living room had been opened and left open. Not only had it been opened when completely shut, the security hinge had been released so that the window was open at 90 degrees. My flat is on the ground floor and on a main road. Anyone walking past could have quite easily stepped into my living room/ flat and helped themselves to any/all of my possessions. Furthermore, had this happened i would not have been insured as the window was left open.
JD Geerings were there to check the water in my bathroom. I don't have any idea why they went into my living room and opened a window that was locked. Moreover I don't why the window then had it's security latch unlocked and then left wide open for more than 7 hours.
The concierge records confirm that the contractor for JD Geerings signed out the keys to the flat at 10:50am on the 08. October. 2015 following a phone call confirming access.
I also asked for CCTV footage, which shows that at exactly 11:02am my window is seen open and closed in between 11:02am and 11:10am then opened again and left open.
The following morning I contacted NHH to report the issue and for them to take it up with United Living/JD Geering. I requested an explanation and apology for what had happened, along with responsibility for the misconduct that took place in my home.
It is several weeks since this incident took place and I have not yet received any apology or responsibility for what took place in my home that day. Despite the evidence of the contractors being in my flat at this time, they deny opening the window.
Please can you let me know whether I am in a position to challenge this response and what my legal position is? I would be grateful to speak with someone about this issue.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Whether I am in a legal position to challenge JD Geering? I view what took place in my home as professional misconduct. They compromised both the security and privacy of my home. I am disgusted that they refuse to take responsibility and refuse to apologise for the event. I have cctv footage that shows them open the window while in my home.
I'm not sure what you are hoping to do about this?
If it is an accurate summary of your complaint to say that they left your window open then that is obviously something that did have risks but nothing happened as a result. Therefore there is no liability as there was no loss.
You can make a complaint if you are willing to spend your energies upon it. It is rather surprising that they refuse to apologise since there is no liability. I don't know whether they think that they are opening the door to an action. Difficult to say. Either way though, there is no way of forcing them to apologise if they absolutely refuse.
If that fails then I am not sure what you wanted to achieve? I understand your point about risk but since nothing did happen that falls away. Obviously the longer you spend on this the more time of your own you are wasting and probably it is having a greater impact upon you than upon them.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for explaining, that's fine.All I want from them is an apology, which is why i've been so upset about it. I felt like my home had been violated and wanted them to take responsibility. I wondered whether i could pressure on them to do so, but understand that's not the case.Thanks anyway.
Well, you can always complain emphatically. It is rather surprising that they will not.