Car Broken into in underground car park

JackHiker1995 · 23-05-2023 8:50am #1

Hi all,

My car along with a few others were broken into last night.

I'm renting in the city, and this happened in the underground car park in a gated complex. I just moved in, and my insurance is tied to my old house but I'm looking to see if my insurance will pay and considering everything, excess, no claims, etc.

I was told my landlord's insurance should cover, however I checked my lease which had the below:

The Tenant shall put in place and maintain full and adequate insurance cover in respect of all the Tenant's property on or in the premises, and all persons in the premises with the Tenant's consent, and shall indemnify the Landlord from all claims whatsoever in respect of loss, damage or injury to such property or persons.

I was advised however that just because the lease says the above, it doesn't mean they don't have a duty of care and are responsible. Seems pretty concrete though so wondering if anyone has any input? At the end of the day, it's looking to cost a few hundred which isn't the end of the world....just disgruntled I'm paying a premium in this renting market and I, along with many others have been bearing the brunt of vandalism in the complex (second time in two weeks cars have been broken into in the complex).

Jack

23-05-2023 9:02am

Did the management company put any extra put any extra security precautions in place after the first break ins, if not they are culpable for any further break ins as they know there is an issue in the complex.

Former Former Former · 23-05-2023 9:07am

Insurance - landlord and tenant | Residential Tenancies Board (rtb.ie)

A landlord is required to maintain insurance in respect of the structural dwelling only i.e. bricks and mortar. A tenant should arrange contents insurance to cover their personal belongings.

You're trying to make the landlord responsible for the deliberate and malicious actions of someone else. You have absolutely no case here.

JackHiker1995 · 23-05-2023 9:17am

https://www.boards.ie/discussion/comment/120630306#Comment_120630306

Nothing more was done, which is in part my frustration. Unfortunate things can happen once, but twice in two weeks suggests the complex is being targeted due to it's vulnerabilities.

JackHiker1995 · 23-05-2023 9:22am

https://www.boards.ie/discussion/comment/120630329#Comment_120630329

I think it's a fair question and it was only a question. Your comments are rather callous.

hullaballoo · 23-05-2023 10:48am

https://www.boards.ie/discussion/comment/120630401#Comment_120630401

You can take it that when someone talks about a legal question in absolute terms, they haven't the faintest idea what they are talking about.

You cannot disclaim liability for negligence. I am not saying that there necessarily is negligence here...just that if you can establish that there is negligence, the disclaimer in the lease is nothing other than an attempt to deter people from seeking a remedy. It has no legal effect.

It does seem more like the Management Company would shoulder more of the blame, though, if there were previous criminal acts and they did not take preventive steps following that. I'm not sure the landlord would have the same level of responsibility given landlords are not usually in control of the apartment complex. The specific circumstances of your apartment complex might be different of course, but normally, the Management Company is responsible for common areas such as a car park.

Lenar3556 · 23-05-2023 10:58am

https://www.boards.ie/discussion/comment/120630378#Comment_120630378

You will have a tough battle to show negligence on behalf of the owners managment company (of which you aren’t a member)

It would be your policy of motor insurance that is in play here. If you haven’t yet notified the insurer of a change of address you should do so as it is relevant to the risk they are insuring (particularly this address by the looks of it!)

I would certainly be raising the issue with your landlord who can in turn approach the owner’s management company to see what measures could be taken to prevent a reoccurrence. It is ultimately in the interests of all concerned that this type of activity be prevented.

For a few hundred euro - I think I’d just cough up and get it fixed. It should also be reported to the Garda if not already done so.

Former Former Former · 23-05-2023 7:39pm

https://www.boards.ie/discussion/comment/120630737#Comment_120630737

it that when someone talks about a legal question in absolute terms, they haven't the faintest idea what they are talking about.

I literally quoted verbatim the exact thing the OP needs to know and linked the source. He just didn't like the answer he got.

If you want to fool the OP into wasting his own time and money on a wild goose chase, then that's your call. I wouldn't call that good advice though.

Claw Hammer · 24-05-2023 10:27am

https://www.boards.ie/discussion/comment/120630737#Comment_120630737

You can disclaim liability for negligence in situations other than personal injury. Even so, it is rare for the criminal acts of anther person go ground a claim in negligence of damage to property. The landlord certainly can't be expected to take any measures to protect the o/ps car since it was damaged in a common are which is not under his control. The management company can at most be expected to take reasonable precautions against intrusions into the property.

NUTLEY BOY · 24-05-2023 10:54am

OP could seek indemnity under their motor insurance policy.

OP's motor insurers could then seek to recover from the landlord under the principle of subrogation thus saving OP a bit of work and worry. If the motor insurers are advised of the background as set out by OP they will have a good idea if whether there is any merit in pursuing recovery.

Generally speaking, it is hard to see a basis on which a duty of care could exist on these facts. Even then you have to show a breach of the duty.

Eggs For Dinner · 25-05-2023 5:45am

If your vehicle is noted on your insurance as being normally kept at a different address, your insurers may refuse indemnity, if it is material. In the event they do provide indemnity, they are highly unlikely to subrogate against the landlord unless there is very obvious evidence of negligence or breech of contract

Former Former Former · 25-05-2023 9:43am

https://www.boards.ie/discussion/comment/120634788#Comment_120634788

OP could seek indemnity under their motor insurance policy.

The OP didn't mention his motor insurance so (s)he's probably on third party only. And no home insurance.

There are times when you just have to suck it up. This is one of them.

Claw Hammer · 25-05-2023 8:53pm

https://www.boards.ie/discussion/comment/120638313#Comment_120638313

The o/p did mention his motor insurance. He did not advise his insurer that he was now keeping the vehicle at his new address. They will repudiate liability on that ground alone.

I don't know who advised him his landlord or the managiment company have a duty of care irrespective of the lease but it was certainly not a lawyer.

Car Broken into in underground car park

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