# Damage done by management company to side of house



## Foxy007 (14 May 2019)

Repeat damage done to side of our house by third parties hired by management company. No date or confirmation pf it being addressed. Should we withhold our substantial fees or threaten with legal action? Would it be easier to deal with the bin company?


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## Leo (14 May 2019)

You might have to take action against both. The bin company are the ones who have done the damage.


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## Zenith63 (14 May 2019)

I cannot answer your query, but as a Director of a management company I’d just ask you to keep in-mind that the management company is ‘owned’ by you as a member; it’s your and your neighbour’s company. The Directors are likely to be neighbours of yours and working free of charge for your benefits (unless you’ve outsourced that).

I don’t know where you live and what state your management company is in, it could still be run by the developers, but just asking you to begin from a place of understanding/empathy.


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## Seagull (14 May 2019)

Is there a management agent in place? If so, was the third party hired by the management company, or by the management agent? They are separate entities. Have you addressed your issues directly to the third party involved? The responsibility for repair lies with them.


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## Threadser (15 May 2019)

Zenith63 said:


> I cannot answer your query, but as a Director of a management company I’d just ask you to keep in-mind that the management company is ‘owned’ by you as a member; it’s your and your neighbour’s company. The Directors are likely to be neighbours of yours and working free of charge for your benefits (unless you’ve outsourced that).


 Good to see this clarified. Owners who threaten legal action on the Management Company often don't realise that themselves and their neighbours are members of this company. I think you need to address the issues directly with the 3rd party contractor in the first instance/


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## Foxy007 (4 Jun 2019)

Excuse me! I think you are slightly confused because I'm asking for legal advise not management company advice. Also been there and done that in terms of being involved so don't need your opinions on keeping my neighbours (who might be directors!), sweet. It wouldn't happen to their house so why mine? 
Exercising my legal rights to have damage to my freehold property repaired is what I am trying to achieve. Empathy and understanding are not involved either.  Our hard earned cash is. A company hired a managing agent who hired a company who repeatedly drove metal commercial bins into the side and corner of our house.  This is the second time this has happened. Old bins (which were smaller and plastic), were changed by decision of the Directors. They are accountable for they decisions they make. We repaired the damage last time to prevent leaks ourselves and were told it would never happen again. Its expensive and because it is the second time this has happened the law needs to be applied. I'm looking for next legal steps not to be patronised. I don't want to waste more money on solicitors either unless absolutely necessary. Looking for anyone who can identify what needs to happen next as all non legal avenues have failed.


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## Zenith63 (4 Jun 2019)

Please do not take offence, our responses were not intended that way.

You have to keep in-mind this is a public forum of random contributors, all we can do is offer an opinion or maybe give some insight based on things we've experienced.  You only gave a couple of sentences of context, so we have to make some assumptions in how we respond; we have no way to know whether you've spent 50 years working on a management company or don't even know what a management company is.

My advice would be to find a solicitor who has some experience in this area.


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## Seagull (4 Jun 2019)

It's the bin company that have caused the damage. Contact the bin company, and get details of their insurers. Contact the insurance company and tell them you are making a claim against the bin company.


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## Leo (4 Jun 2019)

Foxy007 said:


> Looking for anyone who can identify what needs to happen next as all non legal avenues have failed.



If all non-legal avenues have failed, then you need to talk to your solicitor.


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## Seagull (5 Jun 2019)

If the management agent did their job properly, they would have got the insurance details of the bin company before signing the contract. If the bin company won't provide their insurance details, try contacting the management agent and seeing if they have them.


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