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05/12/2011 16:21:54 kelly18 Posts: 1	For the past 5 years I have run a small limited lettings company, a few years ago when I was with my ex, I was the Managing Director and he was the Company Secretary. He also carried out the maintenance work on various properties however run this as a seperate maintenance business. I am dealing with an issue at the moment and I am really not sure where I stand, but basically I have a solicitor threatening to take me to court as a ceiling fell down on a tenant a couple of years ago. The split between myself and my ex was certainly not smooth and I eventually had to involve the police and he received a caution for harrasment. My ex partner has basically provided a statement to this solicitor, stating that he informed me that the ceiling was unsafe months prior to it falling down. This is an utter lie as no one knew this ceiling was going to fall down however, he obviously believes this is going to cause me more problems. My issues are........this solicitor has stated that as my ex was company secretary at the time, I (my business) are to be held responsible. I have reiterated time and time again that when he was carrying out repairs on a property this was in a different capacity, he was simply a contractor. Is this correct?? Any advice would be greatly appreciated!
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18/12/2011 20:29:28 www.clicklegalservices.co.uk Administrator Posts: 374	If you were trading as a limited company, the action (if any) lies against the limited company - if it is still in existence and not against either you or your ex-partner? If the company is no longer in existence and has been dissolved, then the Claimant would have to apply to re-instate the company. In any event, I wonder if there was any insurance covering the company against liability of this nature. Finally, for a claim to be successful, the accident has to be "foreseeable", and a ceiling spontaneously falling down, or cause or warning in advance, in the absence of say, a previous flood etc, is not foreseeable. I don't really understand the reference to repairs though, as if repairs generally were being subcontracted then your company would, as stated above, be primarily responsible, but be able to claim from the contractor for failing to carry out the repairs properly. However, in this case, there seem to be no issues of repair being relevant to the ceiling before the accident. Simply by being a company secretary and having two jobs (one of which is for the sub contracting maintenance companny) does not in itself mean the company is liable. I think there is a claim for a contribution or an indemnity to the maintenance company from your company but insofar as the tenant is concerned their contract was with you not the maintenance company.
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