View Full Version : Inadequate common area lighting – safety issue?
gll01
29-11-2007, 14:12 PM
Tenant complaining that the lighting in the common areas (ie hall, stairs, and landing indoors - path and drive outdoors) of a block of four flats is inadequate and may be a safety issue.
Three of the flats are occupied by the owners and any changes or spending on improvements has to be agreed by at least a majority of the residents.
As the LL of the only flat to be rented am I liable for any sort of legal action should the tenant claim damages for injury caused by the inadequate lighting?
Or am I only responsible for the individual flat that I own?
Colincbayley
29-11-2007, 14:25 PM
Can't see that you will be liable for anything.
In Essex at present, the council are even turning the street lights off to save money!
jeffrey
29-11-2007, 14:26 PM
1. All four leases should be similar in content.
2. What do they provide about legal responsibility for the lighting? Is it:
a. a service charge function of L (or mgt. co.); or
b. is each lessee responsible for his/her bit?
3. As your leasehold ownership does not include the common parts, you are not responsible to your sub-T unless:
a. 2b applies; or
b. it specifies this in your AST Letting Agreement.
Rodent1
29-11-2007, 17:34 PM
PIR floodlights cost £10 max ...and take around 10 mins to install!!!
You can also get Pir "porch" and Bulkhead light for a little more .....for £50 your problem will go away ....
OR contact your master Leaseholder and request something os dome about it....
S
gll01
02-12-2007, 13:39 PM
1. All four leases should be similar in content.
2. What do they provide about legal responsibility for the lighting? Is it:
a. a service charge function of L (or mgt. co.); or
b. is each lessee responsible for his/her bit?
3. As your leasehold ownership does not include the common parts, you are not responsible to your sub-T unless:
a. 2b applies; or
b. it specifies this in your AST Letting Agreement.
As the lease states "To ensure jointly with the tenants of the other flats forming part of the flats that the structure and common parts of the flats are kept in good and substantial repair and condition"
I assume that as we do not use a mgt. co. that we are equally responsible.
Would the "Public Liability" section of the Building Insurance cover us against any claim for damages?
Many thanks
jeffrey
02-12-2007, 13:49 PM
1. There should also be something about lighting the Common Parts and accesses. Assuming that there is, responsibility is effectively as in item 2a of my last post (= communal, not individual).
2. As the Common Parts are not demised, the Public Liability heading should cover any claims- so read it and ensure that this is so!
3. For the future, why not ask other lessees to agree lighting improvements? This will not be expensive, as other members have confirmed, and all flats would benefit.
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