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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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structural defects are causing damage to the interior of a

Customer Question

structural defects are causing damage to the interior of a leasehold flat, and the freeholder refuses to repair them in contravention to his obligations under the lease conditions.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has a surveyor confirmed this please?
JACUSTOMER-je1d1iu1- :

yes

Alex Watts :

You should to write and set out your losses and ask that they fix within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

The Court is likely to consider the experts report and decide whether to make an Order making them investigate and/or carry out the work

Alex Watts :

Please do remember to leave feedback before you go today

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