Accident caused by faulty mechanism in council garage

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    Accident caused by faulty mechanism in council garage

    I have rented a council garage for ten years. The garages, themselves are more than 50 years old and the Council's policy is that they do not service the Garage, but only repair when a fault is reported. I recently opened my Garage door and the mechanism broke causing the Garage door to collapse on top of my car. I reported this to the council immediately and claimed for damages. The Council deny liability on the grounds that I had a duty to report any fault with the Garage and that the accident was due to wear and tear. There had been no previous indication that anything was wrong with the mechanism. I have used the council complaints procedure but have had no satisfaction. Does anybody know what my legal rights are please?

    #2
    What does the tenancy agreement say about reporting problems, if anything?

    Nothing to stop you suing council (LBA then small claims): .You may or may not win.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Seems to me that you would need to prove that the council accepted faulty work 50 years ago, and the expected life of the mechanism is much more than that.

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        #4
        Just musing what would happen if one of my tenants had their car damaged by one of my garage mechanisms falling on it...

        I suspect either I or my insurers would be paying a big bill.

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          #5
          The council's policy sounds like a problem.
          They're relying on their customers to notify them of something that needs attention, and hoping that the first indication of something going wrong is not catastrophic.

          You'd expect some kind of routine inspection, just to reduce the instance of things like this happening.
          Can't expect consumers to be expert in garage mechanisms.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #6
            I wouldn't expect an owner occupier to contract out routine inspecitons.

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