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Greentea

Falling down stairs due to lift not working landlord to blame

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Old lift in block of flats not working and got stuck in it do not use it unless really necessary, started to walk down stairs fell nasty head injury concussed is the landlord to blame for keep lift in good working order for residents in block of flats?

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was it not working that day.

if you have proof

you have a claim

 

if not, you chose to take the stairs..


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On 13/04/2019 at 16:26, Greentea said:

Old lift in block of flats not working and got stuck in it do not use it unless really necessary, started to walk down stairs fell nasty head injury concussed is the landlord to blame for keep lift in good working order for residents in block of flats?

You have no claim unless there was something dangerous on the stairs or they were defective in some way. 

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Unless the stairs were faulty, I’m not sure how successful a claim against the landlord would be.

 

also if the stairs were faulty, but that fault had developed in between required inspections and nobody else had reported it to the landlord, then a claim may not be successful.

 

if there was a dangerous fault with the stairs and the landlord didn’t carry out required inspections, or they had been made aware of the issue and did nothing to correct it, then a claim m may be successful.

 

 

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Hi

 

What you mention in your post are actually two separate issues.

 

1. The Lift breaking down.

a) Have you and other Tenants reported the above issue to the Landlord and been given a timescale that the repair may be completed)
b) If no answers to above then make a Formal Complaint in writing to the Landlord following there complaints procedure.


2. You falling down the stairs for whatever reason.

a) How did you fall? (were the stairs, wet, faulty i.e. gave way etc, you haven't mentioned this)
b) Did you report this to the Landlord and what did they say? (have they sent anyone out to inspect the
area of the stairs the incident occurred?)
c) do you have a medical condition that the landlord is aware of that would prevent you using the stairs?
d) were there any witnesses s to this incident? (if so have you asked them if they would do a statement for you?)
e) did you take photo/video evidence of the incident area?

 

You need to follow the Housing Association Complaint Process (please do it this way first because as soon as yo mention the word 'Claim' they will close the door as you in there eyes its went legal, just my opinion) also the HA have to log a Formal Complaint on there records which the regulator gets to see.

 

If you do a Formal Complaint you also require the following:

 

1. Copy of Complaints Policy (not the Leaflet)
2. Copy of Customer Care/Standards Policy/Charter (not the Leaflet)
3. Copy of Repairs & Maintenance Policy (not the Leaflet)
4. Copy of Right to Repair Policy (not the Leaflet)
5. Clarification who the Lift Maintenance Contractor is?
5. Clarification of the lift Manufacturer and when it was installed and it's lifespan from date of installation?
6. Clarification when the last Risk Assessment on the Stairs took place an to be provided with a copy?

 

(when you get these just take your time reading them and think to yourself 'Did They Do That', if not mark it as you are building evidence to use against them i.e. their own policies)

 

 


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