- Original Poster
- #1
Hi, I run a small business located within an indoor market hall. The market is owned and managed by the council.
For many (MANY) years, the roof has been in a poor state of repair, with numerous traders, myself included, experiencing leaks in their stalls.
In Oct 2018, there was a major leak in my stall, which caused in total around £4,000 in damages to stock, fixtures and electronics. This leak was reported immediately and witnessed by a member of the market's management.
Over the next 11 months, the council made me jump through every hoop imaginable. Do you have proof or purchase for every item? Were the items PAT tested (not sure how this is even relevant!)? They asked me to get builders quotations for the damage, pay for a damage assessment for the electronics etc etc. For the most part, these were reasonable requests and I complied willingly.
However, the insurance department have now seemingly run out of hoops. Now that I have provided absolutely everything asked of me, they have turned around and said effectively "we are not liable. There were roof repairs going on at the time of the leak and therefore leaks are to be expected. See you in court." not quite those words but that's the gist of it.
I get the feeling they think I'm trying it on and that I won't take any further action. As a tiny market trader vs the might of the council, I think they think I won't stand a chance. They may be right.
I have been through the wording of the lease, there is no mention of liability for building repairs, either for the traders (which would be ridiculously unreasonable) or indeed for the council. It just isn't mentioned at all. The only thing that comes close is a paragraph which reads;-
"12. In the event of it becoming necessary for the Council to carry out works of
improvement maintenance repair or replacement to the Market Hall or any part or
parts thereof or the services or any part or parts thereof which result in it becoming necessary to close the Market Hall or any part or parts thereof or disconnect any or all of the services or would make it impossible or impracticable for the Tenant to carry on his trade or business as herein provided then the Council shall (except in case of emergency) give to the Tenant 14 days notice in writing of its intention so to do and the Tenant shall provide or allow access to the Property (which may where necessary be dismantled or removed from the Market Hall the
Council making good any damage thereby caused) by the Council it servants workmen or agents and with or without tools or machinery for the purpose of carrying out such works of
improvement maintenance repair or replacement BUT PROVIDED that the Council shall allow to the Tenant an abatement of the rent payable hereunder on a pro rata basis for any period when the Tenant is unable to carry on his trade or business in accordance with the terms of his tenancy"
So basically, they give me written notice, carry out repairs, put any damages right and reimburse rent. Nothing about liability. Does this mean the assumed liability must be on the council to maintain and repair the building?
I'm not sure what to do next. I can't find a solicitor to take it on NWNF, even though it should be shut and dry if the liability does indeed lie with the council. The only solid quotation I've had so far is £2,500 fixed fee, which just isn't worth the risk and I can't afford it anyway.
I'm happy to go down MCOL route and fight myself, but need to make sure my case is watertight (no pun intended )
It may also be worth noting that I experienced a similar leak in 2012, which the council's insurance company paid out for. Would that be considered admitting liability? They now have an internal "insurance services" dept within the council and refuse to divulge details of their insurer
Anyway sorry for waffling on a bit. Thank you in advance, any advice massively appreciated!
For many (MANY) years, the roof has been in a poor state of repair, with numerous traders, myself included, experiencing leaks in their stalls.
In Oct 2018, there was a major leak in my stall, which caused in total around £4,000 in damages to stock, fixtures and electronics. This leak was reported immediately and witnessed by a member of the market's management.
Over the next 11 months, the council made me jump through every hoop imaginable. Do you have proof or purchase for every item? Were the items PAT tested (not sure how this is even relevant!)? They asked me to get builders quotations for the damage, pay for a damage assessment for the electronics etc etc. For the most part, these were reasonable requests and I complied willingly.
However, the insurance department have now seemingly run out of hoops. Now that I have provided absolutely everything asked of me, they have turned around and said effectively "we are not liable. There were roof repairs going on at the time of the leak and therefore leaks are to be expected. See you in court." not quite those words but that's the gist of it.
I get the feeling they think I'm trying it on and that I won't take any further action. As a tiny market trader vs the might of the council, I think they think I won't stand a chance. They may be right.
I have been through the wording of the lease, there is no mention of liability for building repairs, either for the traders (which would be ridiculously unreasonable) or indeed for the council. It just isn't mentioned at all. The only thing that comes close is a paragraph which reads;-
"12. In the event of it becoming necessary for the Council to carry out works of
improvement maintenance repair or replacement to the Market Hall or any part or
parts thereof or the services or any part or parts thereof which result in it becoming necessary to close the Market Hall or any part or parts thereof or disconnect any or all of the services or would make it impossible or impracticable for the Tenant to carry on his trade or business as herein provided then the Council shall (except in case of emergency) give to the Tenant 14 days notice in writing of its intention so to do and the Tenant shall provide or allow access to the Property (which may where necessary be dismantled or removed from the Market Hall the
Council making good any damage thereby caused) by the Council it servants workmen or agents and with or without tools or machinery for the purpose of carrying out such works of
improvement maintenance repair or replacement BUT PROVIDED that the Council shall allow to the Tenant an abatement of the rent payable hereunder on a pro rata basis for any period when the Tenant is unable to carry on his trade or business in accordance with the terms of his tenancy"
So basically, they give me written notice, carry out repairs, put any damages right and reimburse rent. Nothing about liability. Does this mean the assumed liability must be on the council to maintain and repair the building?
I'm not sure what to do next. I can't find a solicitor to take it on NWNF, even though it should be shut and dry if the liability does indeed lie with the council. The only solid quotation I've had so far is £2,500 fixed fee, which just isn't worth the risk and I can't afford it anyway.
I'm happy to go down MCOL route and fight myself, but need to make sure my case is watertight (no pun intended )
It may also be worth noting that I experienced a similar leak in 2012, which the council's insurance company paid out for. Would that be considered admitting liability? They now have an internal "insurance services" dept within the council and refuse to divulge details of their insurer
Anyway sorry for waffling on a bit. Thank you in advance, any advice massively appreciated!
