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Can I sue a residential property management company because of a break in and poor building insurance ?

Can I sue a residential property management company because of a break in and poor building insurance ?

Postby favian » Sun Jul 15, 2012 2:18 pm

I'm a property owner and I’m based in England UK if that helps answers:

My flat was burgled due to the intruders breaking into the main entry door to the building then kicking my flat door in.

The building was built in the 1980's and the main entry door is very weak and no deterrent and easy to break into. I tried to clame on the insurance to get my front door put right and they wanted £1000 excess due to the poor building insurance policy that the management company have in place. So I'm left fitting the bill.

I pay the managment company £1000 year for the managment of the building.

Do I have any hope in suing the management company?
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Can I sue a residential property management company because of a break in and poor building insurance ?

Postby osmont » Sun Jul 15, 2012 2:22 pm

Nope.
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Can I sue a residential property management company because of a break in and poor building insurance ?

Postby barclay76 » Sun Jul 15, 2012 2:26 pm

Sure you can sue....but you won't win.

Did you ever put your concerns about the main door in writing to the property management company? Did you tell them before this happened "Hey, that main door is weak and no deterrent and easy to break into". Probably not. You only came to this conclusion after the door was busted in. Up to that point, it was a perfectly acceptable door.

That same person then busted in your door. So your own door was also not a "deterrent and easy to break into". So it's the property manager's fault that the main door was weak but not your fault that your own door was weak?

Most residential doors are easily busted in. I've seen steal doors with dead bolts kicked in. Some doors are easier than others but if someone wants to bust into your place, they will do it.

As far as the deductible goes - I'm in the US so I know things work a little different here. But you're complaining because you don't like the deductible for someone elses policy? A policy I assume that you don't pay for.

You should have your own policy to cover your own property. Here, you'd purchase a condo owners policy that covers your property and the parts of the building you are responsible for and set your own deductible.

I'm sorry your place was broken into. But based on what you've posted, you don't have a valid cause of action against the property management company.

It sucks, but sometimes cr@p happens.
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Can I sue a residential property management company because of a break in and poor building insurance ?

Postby bing49 » Sun Jul 15, 2012 2:28 pm

Here in the USA, where you posted the question to the USA board, you can hire a lawyer and sue anyone for anything.

If you sue your manager, you're going to lose.

It's not unsual to have a $1,000 deductible or "excess". That's NORMAL. Small claims, like a replaced door, are the ones you should be handling yourself.
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