Damage to Common Parts

[Dendyver]

I recently bought a 45 year old flat in a purpose built block.

I have had the flat renovated, and the Building Rules say that Tradesmen cannot use the lift to carry their materials and tools to my flat, but must use the only staircase. On the staircase there are self closing wooden fire doors, and the tradesmen have a choice when carrying supplies of either wedging the doors open, or pushing against them whilst carrying their supplies.

The Landlord is claiming £285 from me representing the cost of sanding down both sides of 2 x fire doors, re-sealing and re-varnishing them. The push side of the doors already had scratches and dents, but the Landlord says that this work needs to be done earlier than intended because of the additional scratches or dents made by my trades people. The doors are not in mint condition as on the pull side of the doors under the handles 'normal wear and tear' over the years from peoples finger nails has removed the seal and varnish.

The Landlord has not provided any clue as to when and by whom these additional scratches or dents were made. Obviously I cannot prove a negative and say my tradesmen did not do any damage, but they were not young jack-the-lads.

Should I be concerned by this claim?

Obviously I am responsible for the work carried out by tradesmen in my flat, but am I responsible for any damage they might do to self closing doors in the Common Parts? What about if one of their vans had backed into a garage door - where does my responsibility end?

[Clitheroekid]

On the face of it you aren't responsible. The builders were independent contractors, not your employees, so the question of vicarious liability doesn't arise.

The fact that they were working in your flat makes no difference. If a courier delivering goods to your flat damaged the common parts would they be held liable? I don't think so.

I'd therefore reply to the management company on those lines, possibly providing the name and address of the builders so they can take up their claim with them.

Just a word of caution though. It's possible that your lease may contain a provision by which you expressly accept responsibility for such damage. You can either check before writing or just write and wait for the landlord to point it out (which they will no doubt be only too happy to do if such a provision does exist).

[Dendyver]

Thank you Clitheroekid for your helpful advice

Dendyver