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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What are my legal rights here? And WIBU?

159 replies

DidIDoTheWrongThing · 01/01/2018 02:08

I live in a block of flats, six in total.

The top floor flat dweller has continuously left the pram she no longer uses (baby is now 3yo) in the ground floor communal corridor for nearly a year.

It is a narrow corridor, and to get past the pram you have to manoeuvre yourself around it. You can’t just walk straight past it. It was a major fire hazard and more than one person has fallen over it trying to get past.

Everyone in the building has complained about it but she hasn’t paid the slightest bit of notice.

I got fed up after the nth polite but firm email requesting its removal and informed her that unless she moved it by X date, I would remove the pram.

X date came and went, pram was still there. So I took the pram and put it in the garden.

This finally got a response. She went ballistic at me and claimed that it had been stolen by the time she went to collect it.

She is now demanding I pay for the pram and is threatening me with the police and legal action.

Was I being unreasonable and does anyone know what my legal position is on this?

OP posts:
DidIDoTheWrongThing · 02/01/2018 21:38

*pp, not op

OP posts:
DidIDoTheWrongThing · 02/01/2018 21:38

Anyway I haven’t heard a dicky bird from her since so hopefully she’s not going to bother pursuing it.

OP posts:
londonrach · 02/01/2018 21:45

When we rented we would have been charged a removal cost, op it hasnt a leg to stand on due fo the fact shes been warned. Im surprised it wadnt removed and she wasnt charged before!

Geordie1944 · 02/01/2018 21:59

Don't mess about. Tell her to piss off now, as it will save time.

strivingforsuccess · 02/01/2018 22:11

I live with n a block of 4 flats and we're told, by stern letters, that if anything blocks the communal areas it will be disposed of. We're also advised it's a fir and safety ha and and is therefore illegal.
Chances are the managing agency of the flats disposed of it??

Lifeisacircus · 02/01/2018 22:36

Depends on how much money she has to pursue this as she could have you here. The police won't do much but she only has a civial case against you.Have you heard of Bailment? Legally by removing her items you became responsible for the item as the Bailee and had to exercise duty of care over the item.Dumping it in the open was therfore not a good idea. Emailing her also was not a goid idea as you have admitted to removing the item and dumping it, so if she decides to take legal action and is prepared to pay for this initially, you could be looking at paying her legal fees and the cost for a new pram. The best thing to have done was put pressure on the block manager for them to remove it and store it until she asked for it back. Fingers crossed she is just blowing hot wind.

Howsthings1234 · 02/01/2018 23:03

Was the pram outside her door?

DidIDoTheWrongThing · 02/01/2018 23:06

Was the pram outside her door?

No, she lives on the 2nd floor. The pram was left in the ground floor corridor that leads to the stairs.

OP posts:
Battleax · 02/01/2018 23:39

Wow you sound nice.

Have you ever lived on the second floor with a baby?

I think in future you should leave management issues to the management company. After all, you are paying them so you might as well get the service and sleep easily knowing that they are more likely to handle things properly.

Battleax · 02/01/2018 23:41

(With luck, she'll know she can take the small claims route easily and cheaply.)

Baaba · 02/01/2018 23:41

Legally she can't do anything, police will take no action as it's considered private property under a management service. The management company should have removed it and charged her. She was given written warning so if she attempts to take civil action the fact that the lease says there should be no obstruction, she's been asked in writing and she's causing a fire hazard violation to I'll all work against her and she'll have to foot the cost of making a civil claim

Battleax · 02/01/2018 23:44

The fact is Baaba, that OP was acting as a private citizen, rather than under the aegis of the management company. Then she admitted, in writing, what she's done. So it could go either way, I suspect.

khajiit13 · 02/01/2018 23:46

Battleax, the neighbour doesn't have a baby, did you read the post?

catsaresomucheasier2 · 02/01/2018 23:47

She's trying it on, the pram hasn't been stolen.

Battleax · 02/01/2018 23:50

Toddler, now, but presumably it started as a baby. They usually do.

It's so much better to talk to people. Or failing that, follow procedure.

I rely on crutches and a wheelchair to get around myself, but it is so much better to be empathetic and communicate when there are issues.

I think OP got a touch of the renegade gangsters Grin

DidIDoTheWrongThing · 02/01/2018 23:54

Projecting much Battleax?

OP posts:
Battleax · 02/01/2018 23:56

Projecting what?

If I was projecting, I'd be on your "render the world accessible by physical force" side, wouldn't I? If we were depending on cod psychology?

What does your crutch-using friend think about the saga, BTW?

DidIDoTheWrongThing · 02/01/2018 23:58

CBA to argue with you @Battleax.

OP posts:
Battleax · 03/01/2018 00:00
Grin

It was only a question.

You're not doing much to temper the impression you've given of yourself, though.

DidIDoTheWrongThing · 03/01/2018 00:02

You're not doing much to temper the impression you've given of yourself, though.Right back at you @Battleax

OP posts:
Rockchick1984 · 03/01/2018 00:02

Battleax I have been in a third floor flat with no lift and a newborn, yet managed not to leave a pram in a communal area blocking exits!

Battleax · 03/01/2018 00:05

I'm finding it hard to believe that non-folding prams are still on sale TBH. Or that you'd buy one as a flat dweller.

mumindoghouse · 03/01/2018 00:12

Not theft. Action neither dishonest nor intended to permanently deprive as evidenced by the emails you sent telling her where she could retrieve pram.

JanKind · 03/01/2018 00:13

As she ignored/did respond to requests for it to be moved you assumed it wasn't hers and as such if it was she didn't care. She is trying it on. You can ignore/do not respond to her.

BashStreetKid · 03/01/2018 00:33

Really you should have pushed the management company to sort this out rather than taking matters into your own hands - precisely because it does leave you open to this sort of accusation. They have both the necessary rights to deal with the issue and the responsibility to do so.

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