The roof repair is nothing to do with me as the landlord has his maintenance guys fix it. But it always leaks in the same place as the gutter is not fixed correctly. They told my colleague the other day they fix it by clearing the leafs, which is not fixing the issue at all. I just want this roof fixed so it does not affect my business any more and that the damages and loss are paid.I haven't had a survey, but the approximation to the damage to the equipment and loss of earning is1.Had to shut business for 2 days, this cost me around £2802.Equipment Damaged - Boxing Bag worth £250, Heavy Bag £60, Wall Canvas £100, Boxing Round Timer £105Total: 795.00
I would get a survey done which should show what is wrong with the unit. You can then show this to the Landlord and ask for the repair.
If they refuse then get a number of quotes to get the work done and this forms part of your loss.
Once you have your loss (including the costs above) then you know what sums you want to claim and seek back.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Ok, I will get a survey done.Can you confirm that the landlord is liable for damages and loss of earning incurred due to the roof and under what act /law?
Damages yes under Landlord and Tenant Act.
Loss of earnings not necessarily unless its in the contract, but you can try