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SW  
#1 Posted : 18 October 2011 15:14:27(UTC)
Rank: Super forum user
SW

Hi Sorry - not really H+S in a workplace but welcome feedback - A friend of mine is renting an apartment in a block of flats. The flats were built by a Builder who has gone bust. All the residents pay a "Facilities Management" Co. £XXX each year for the upkeep of the site. A main light in the car park / outside the apartment has not been working since he moved in ("FM" Co blaming the builder") His partner has already tripped on a step in the night and cars have been vandalised, because of the poor lighting. What can he do / any regs to quote - the FM Co aren't interested in wiring in the lampost because they would have to dig up the ground and incur costs. I was thinking could he go after the FM Co with possible negligence (Duty of care, failed in that she fell and then suffered injury). My other thought was Occ Liability but don't think so as that is more for Employers and not private renting?? Not after compensation for the injury as very minor - more interested in getting the light fixed so no Incidents occur in the future to others. Comments appreciated Thanks SW
bob youel  
#2 Posted : 19 October 2011 08:55:32(UTC)
Rank: Super forum user
bob youel

Without knowing the full details please note; The facility management company is a business so all the appropriate laws will apply to it inclusive of managing the car park noting that they took over the situation irrespective of the builder going bust The rent paid to 'whoever' covers not only the private home but includes services for the maintenance of the public areas of the building and surrounding area at least As an x director of a FM company that took such rents/payments I know that most if not all FM's in this area will only do something if forced and only if forced - Please note the word 'forced' and the witholding of fees is a dangerous way to go as courts are more interested in money than making people do what they should do but courts are there to help you My advice is that the owners form their own FM company [its ok to do that sort of thing today] and DIY it thus keeping all money 'in-house' but note that many owners do not want to do anything at all and take the FM company to court
SW  
#3 Posted : 19 October 2011 09:42:22(UTC)
Rank: Super forum user
SW

Thanks Bob I appreciate your reply Regards SW
Dazzling Puddock  
#4 Posted : 19 October 2011 10:27:14(UTC)
Rank: Forum user
Dazzling Puddock

Without knowing the exact details of ownership etc it may be possible to establish a residents association. Once a residents association is up and running it would be up to them to choose the facilities management company and or get any work done that they are willing to pay for.
bob youel  
#5 Posted : 19 October 2011 12:09:57(UTC)
Rank: Super forum user
bob youel

Its a good idea to set up a r-association but it has only so much power [not much if I am remembering properly]. However if the r-association/residents set up their own FM company they have all the power [plus all the liability and problems] Sometimes even the threat of setting up such a company can move a stubborn FM outfit as people do not like to lose money!
SW  
#6 Posted : 19 October 2011 13:00:52(UTC)
Rank: Super forum user
SW

Thanks again both for your comments I may need to dig a bit deeper Regards SW
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