The Lemon Fool

We own a flat in a small apartment complex (13 flats). About half the flats, including ours, are rented out to tenants; the rest are owner-occupied. Each owner has one share in the management company which is responsible for maintenance and repair of the building. Two owners are elected directors, though only one lives on site. A number of residents are elderly but it's not a retirement complex.

One of the long-term elderly residents is having increasing problems with confusion and yesterday was found in the corridor, crying and distressed, unable to find her own flat. We've had two close family members with dementia and are very aware of the many ways this can affect people (and indeed the difficulties for family members trying to persuade the person to accept help). This lady has a son and daughter living locally; the director phoned the daughter to explain what had happened.

We want to be sympathetic,but we are concerned about the best way to manage a situation which is almost certainly going to become more and more difficult. There is an obvious risk both to the person themselves and also to other residents and the building. Fire is our biggest worry, especially as there is gas heating and gas cooker hobs.

We are worried about the potential liability of the directors too. If they are aware of this vulnerable person and the potential risks, do they have a responsibility to report this, and if so should this be to Adult Social Services or the family? Should written records be kept of what has been done? What should other residents of the flats do if something else happens?

Would be grateful for any advice.

It's a difficult situation, and one that is unfortunately likely to be increasingly frequent with the proliferation of apartments and an ageing, increasingly isolated population.

So far as the directors are concerned, their prime responsibility is to the company, and although they also owe duties to the shareholders those duties don't extend to responsibility for the woman's welfare.

Consequently, from a purely legal point of view I don't really see that they have to do anything at present. However, from a common sense and humanitarian point of view the situation obviously does need to be addressed.

I think you need to put your concerns in writing to the son and/or daughter. Sadly, it's not by any means unknown for children to avoid becoming involved when a parent begins to lose capacity. But if they are normal children one would assume that they would realise that the flat is almost certainly going to have to be sold fairly soon in order that their mother can either live with them or go into residential care. This would, of course, resolve your problem.

Having written to them simply expressing your concerns it would only be if the children failed to act that you might then have to consider more pro-active steps.

Thanks clitheroekid for your helpful reply. It's really useful to have an outside perspective as sometimes you can't see the wood for the trees. We wondered if another flat owner would have a claim against the directors if their flat was damaged as a result of something happening in this lady's flat e.g. water damage if she left a tap running and there was a leak. Could they argue that the directors should have taken steps to protect the building as they were aware there was a risk?

Could they argue that the directors should have taken steps to protect the building as they were aware there was a risk?

I think CK is saying that those steps to protect the building need to go through a process that begins with making the woman's family aware of the issue and giving them the opportunity to do something. If that fails then they need to consider the next steps to take which probably involves contacting social services ( good luck with getting a timely response from that avenue given the current pressures).

If they can be seen to have taken those steps then it is unlikely that they could be found to be negligent in their duty of care to the other residents.

John

Pickles53 wrote:Could they argue that the directors should have taken steps to protect the building as they were aware there was a risk?

Not realistically. Even if the directors did have such a duty what are they supposed to do in this situation? After all, they can hardly just evict the woman. And such an incident would almost certainly be covered by the insurance anyway.

One would hope that the children would resolve the situation, but ultimately if they didn't and the woman were to cause actual damage to the property then the landlord could potentially take preliminary steps to forfeit the lease. Sadly, that would be guaranteed to induce some action amongst her children, as they would see their inheritance going up in smoke.