Landlord liability for damage? Find out now!

Questioner

Dear reader, When leaving a parking lot of my former employer, the barrier came down too early. Result = damage of € 550,- to the tailgate and windscreen wiper. My insurer was informed, which has started to investigate the liability with the person responsible for the building (landlord). The building is rented by multiple companies. This also concerns a parking lot where only visitors and employees can enter after registration by intercom or using a key. Now comes the best part: The responsible landlord of the building accepts no liability. According to them, the tenant is responsible and points to the General Terms and Conditions of the landlord: Article 11.3 Counterparty indemnifies Client against claims from third parties for compensation for damage insofar as this is caused during the execution of the Work by actions or omissions of Counterparty, of persons for whom he is liable or who carry out the assigned work or a part thereof on his behalf. The insurer then tried to hold the tenant (my employer at the time) liable. Based on the lease, the tenant is responsible for a number of matters in, around and on the building. As is customary with shared rent, the tenant pays service charges for this to the landlord, the owner of the building. These service charges are used to maintain the building and outdoor areas. The barrier functions much more often moderately, it is also regularly open. The landlord then takes care of repair via a third party and also pays for it, from the service costs. (My former employer rightly stated:) It should be clear that the landlord is responsible for the adequate functioning of the barrier. It cannot be that the tenant has to pay for the damage because I was an employee here at the time. Is the next damage for another tenant? Conclusion: Landlord does not accept liability. Insurer accepts this and I will pay for the damage myself. I have an All risk insurance. However, my premium will increase from €62 to €134 and the number of claim-free years from 2 to -3. This can be prevented if I pay the damage to the insurer out of my own pocket. Can I still take action in this regard towards the owner of the property or towards my own insurer if the other party does not accept liability? Thanks in advance for your response. Yours sincerely. JM

Lawyer

From your explanation I notice that the landlord initially gets off easy by stating that he is not liable, even though this is not immediately apparent from his General Terms and Conditions. If the landlord is responsible for the maintenance and repair of the barrier, he must also continue to ensure that the barrier functions properly. If there are systematic defects in the barrier, the landlord is liable for the resulting damage. The fact that a third party carries out the repair or maintenance does not alter this. You will therefore have to prove that the landlord has been negligent in the maintenance of the barrier. If you succeed in doing so, there is a chance that he will have to pay for your damage. For further assistance, you can contact me directly and free of charge by clicking on the link in this answer.