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Management: Car park perils

David L owns a flat in Enfield, with a share of the freehold, and is a director of the residents’ association. He has received advice several times from LEASE, going back to 2010. His latest enquiry was about expanding the car parking area – Mr L was concerned that if there was an accident in the car park the residents’ association would be liable. A LEASE adviser responded by email, saying the association has a “duty of care to those people visiting the property. A duty of care involves taking all reasonable precautions to ensure visitors to the building are reasonably safe (e.g. making sure a light by a dark stairwell is in working order). If there was a freak accident, I cannot see that that duty would have been breached, so that the company would not be liable. As far as wording goes, something along the lines of ‘please drive slowly and carefully when using the parking area, all persons using this parking area do so at their own risk’ would be sufficient.”

Mr L said, “Life would be much harder and more complicated without the marvellous and easy-to-use services provided by LEASE. Thank you for the facility.”

LEASE is governed by a board, appointed as individuals by the Secretary of State for the Ministry of Housing, Communities & Local Government.

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