I wonder if the the landlord is attached due to any duty of care they owe to the renter of their property, and a possibility they were (or should have been) aware of the risk imposed by this tree?
Conveyancing wouldn't bring that kind of thing to light for a typical apartment purchase
And at least one architect or engineer presumably signed off that planning had been complied with.
Whilst a purchaser could indeed access information right back to the beginning of time, the question would, I imagine, what is reasonable for him to have done to ensure he was furnishing a safe n sound property.
Does an engineer signing off on a development as compliant at that point in time completely exonerate the landlord from any and all liabilities that may arise years later when they lease their property to another party?
Yep, they should, but let's face it, many don't do much in the way of research at all. The question of what is reasonable is often hard to predict. Does an engineer signing off on a development as compliant at that point in time completely exonerate the landlord from any and all liabilities that may arise years later when they lease their property to another party?
The car owner's entitlement to park there is by way of their relationship / contract with the landlord who they rented the parking space from, that may necessitate their being joined in the action.
Joined in the action to sue the OMC, perhaps. The tenant, and by extension, the landlord are the offended parties. The OMC the offender. That's my thinking anyway.
I would have thought so. Compliant is compliant. I've seen the word "substantially" used in front of "compliant with building regs" by architects signing off on old, builder-built extensions. It means nothing but seems to satisfy buyer solicitors.
In a development like this, I'd have thunk the word substantially couldn't be used - it would have been monitored throughout by the architect in charge and that get out wouldn't fly.
It wouldn't exonerate a landlord in terms of subsequent issues (such as lack of maintenance or unregulated adaptations to electrical systems, for example). But as a line in the sand for stuff occurring before the point of sale, I'd have thought so.
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