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  1. I have since found out that a previous tennents child broke 3 of the panes of glass in the glass partition wall next to the door.(within the critical area) They paid to had these boarded up after informing the landlord Am I right in thinking that this incident shows the landlord was aware and therefore "The landlord's duty under section 4 (Landlord and builder duty of care under the Defective Premises Act 1972) is to take such care as it is reasonable. This means that the duty is not owed if the personal injury or damage to property is not reasonably foreseeable or it could not reasonably have been prevented." Would be valid and also - The duty is triggered if the landlord 'knows or ought to know of the relevant defect' regardless of whether or not the occupier had informed the landlord of it
  2. Hi, I left a rented property recently and the landlord/estate agent are withholding my deposit due to the fact I boarded up an interior door with plywood after my partner fell down the stairs and put her head through the glass resulting in injury. The door is an old wooden framed door with 5 sections of glass framed from top to bottom and evidently not safety glass. I've done some research and found out about "critical area" safety glass etc but cannot find any actual legislation regarding this as my tenancy began in 2017 before the recent amendments. The closest I've found that would be relevant is - owed a duty of care to the tenant. Where premises are let under a tenancy and the landlord is responsible for maintenance, there is a duty owed "to all persons" who might be affected by defects in the state of the premises under section 4(1) of the Defective Premises Act 1972. This will undoubtedly include your tenant and his family. Secondly, the authority will owe a duty to under section 2 of the Occupier's Liability Act 1957 to people visiting the premises, such as friends, relatives etc. I believe there will also be an obligation to maintain and repair the structure under section 30 of the Landlord and Tenants Act 1985. The fact that people will receive injury, sometimes quite severe, from falling through ordinary glass (ie. non-safety glass) has been recognised for many years. British Standard 6262 'Code of Practice for Glazing in Buildings' was introduced in 1982 but its predecessors, in the form of British Standard 973 and CP 152 can be traced back to 1941, although I doubt the requirements for safety glass go back that far. British Standard 6202 'Specification for impact performance requirements for flat safety glass and safety plastics for use in buildings' from 1981 may also be of assistance. Similar requirements can now be found in the building regulations. The Building Research Establishment published a paper "Accidents involving glass in domestic doors and windows" highlighting the problems in October 1981. The courts have also recognised the need for safety glass in critical areas. The leading case that I am aware of is Rimmer -v- Liverpool City Council [The Times 15.12.1983] Here, the Court of Appeal dismissed an appeal by Liverpool City Council against damages awarded when Rimmer tripped over some toys left by his boy and put his left hand through a glass panel in December 1975. The Council were at fault for renting Rimmer a flat when they knew or ought to have known it contained foreseeably dangerous and easily substituted glass. After I've said all this I'm wondering if I can argue my case regarding boarding the door up due to no safety glass or if I would have a leg to stand on if I was to file a claim regards my accident/injury. I have read section K of the building regs a few times, I am just unsure if this relates to myself as the property I was using isn't a new build so the glass would have been out in before 2010 (I read somewhere about if it was out in before 1992 then it doesn't need to have safety glass I think) I've attached a picture for clarification (only one I can find that has the door in it) the bottom panel is what I smashed when I fell and the top panel cracked too hence the tape I put on to hold it whilst I got materials to move the glass. I Boarded the full length of the door up as it is at the bottom of the stairs alongside a glass panel wall make of the same glass and I didn't want to risk my young kids falling and hurting themselves too door.pdf Thanks
  3. Bailiff turned up less than 11 days from the Notice Bailiffs must wait at least 7 clear days not including Sundays and public holidays, plus the time of first class postage, before then can take control of goods. Looking at the Date notice issued near the top of the document, the period starts from the following day The law states that first class post is delivered on the next business day If the Date of Issue on the Notice of Enforcement, is gives a time of 23:59, then add one extra day because Royal Mail post offices close at 5.30pm and main sorting offices close at 7.30pm The Law: Civil Procedure rule 6.26 states: Methods of Service 1. First class post (or other service which provides for delivery on the next business day) Deemed date of service The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day Civil Procedure Rule 6.3(1)(b) states: Methods of Service (b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A; Civil Procure Rule 6.2(b) states: (b) "business day" means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day; Keep the envelope the Notice of Enforcement came in. If it was made by 2nd class post, then delivery is on the 4th business day. When the Notice of Enforcement is given post, and its deemed date of service has passed, the law gives a further 7 clear days before the bailiff can attend. The Law: Regulation 6 of taling control of goods Regulations 2013 states: Minimum period of notice (1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods. (2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period. (3) The court may order that a specified shorter period of notice may be given to the debtor. (4) The court may only make an order under paragraph (3) where it is satisfied that, if the order is not made, it is likely that goods of the debtor will be moved to premises other than relevant premises, or otherwise disposed of, in order to avoid the goods being taken control of by the enforcement agent. If bailiffs fees and goods have been taken following a breach of this regulation, then you can start a claim using the above-mentioned legislation and supported by evidence including a copy of the Notice of Enforcement, and if applicable, the envelope the Notice was posted, and evidence of the date the bailiff took control of goods, or took a sum of money under the pain of the rule That's what I was hoping for
  4. Sorry I misread, i thought you meant the warrant of control. Guess I'm screwed
  5. ^ not really, given I don't live at that address and knew nothing of the correspondance so not sure how I knew action was coming and I ignored it. However thanks for the feedback and I will take it on the chin.
  6. I was wondering if I have any options available not why it happened. Or to just accept my losses
  7. No I was actually wondering if the warrant of control being in a previous address makes any difference to my case as I was unaware of it. My driving license, passport, electoral roll etc etc are all in my current address.
  8. Ticket was issued October 2018. I had to send away last month for a new V5 for my car (for work reasons) as the other was lost during the moving process and I have a funny feeling my car may have remained registered at old address (although not 100% sure)
  9. Hi all, I will keep it as short as I can. Last October I apparently received a parking ticked from my local council on a public road. I don't recall getting one and on a side note a week after this my car was parked off road for over a month as I left my keys abroad by mistake so it's feasible it could of been put in the car by my other half and forgotten about (although I've never found it whilst cleaning the car out) Anyway last week I received a "notice of enforcement" letter to my current address that I didn't see as other half opens post and it was filed away. Today an enforcement officer has turned up and I jave had to pay £400 odd pound to him as the deadline on the enforcement letter was a week ago. I did ask for a copy of the warrant he was telling me was sent out in May and I was adamant I never got. On looking at the "warrant of control" letter dated in May it has my previous address on it (I've lived in my current home for almost 9 months) It is money I can ill afford but figured was best to pay to get enforcement offer off my back and stop any more action and then see what my options (if any are) So here I am asking for advice on options. I have attatched a copy of the letters.
  10. Thanks, the issue from sat year is actually why the attachment of earnings is (although the company still sending me laters)
  11. The fine is for £800 and marstons are asking for 1120 My car is worth a few hundred at most and I rent a furnished house so all types mine is clothes, bed and TV
  12. The final notice and the removal notice were hand delivered (no stamp) a day apart. The notice of enforcement was 05/07/2017 Enforcement details - says was a distress warrant 05/04/17 It says payment must be made by 23.59 on the 19/07/2017
  13. After looking through my paperwork stash i have found a notice of enforcement from collectica (I assume this is Marston's too as on marston paperwork it as that name at the bottom too) The final notice and the removal notice is for £310 more than the actual fine/notice of enforcement - fees I assume. Guess I'm asking what i should do now
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