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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My son moved into his house 3 months ago. Last weekend his

Resolved Question:

My son moved into his house 3 months ago. Last weekend his toilet became blocked. He contacted British gas (homecare) who could not clear the blockage. He was advised to contact Yorkshire water who soon realised that the inspection chamber in his garden had been paved over.He took up 22 paving stones and realised that underneath was solid concrete. His wife rang up the house insurance company who came and sorted out the problem, but told him that he could expect a bill @ £500.since the problem was not due to accidental damage. They had a full survey carried out on the house before they bought it.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you feel that the full survey should have identified the issue?

Customer:

yes

tdlawyer :

Okay, I'm inclined to agree with you, but it does depend on what the surveyor was asked to do as part of the full survey.

tdlawyer :

I expect this was within their remit though.

tdlawyer :

As such, I expect there is a claim here against the surveyor for the losses sustained.

tdlawyer :

The first course of action would be to write to the surveyors and ask them to accept liability for their failing to identify the issue, then to agree a figure with them for the loss.

tdlawyer :

If you can't agree, then you could sue them in the small claims court (up to £10k claims). You would do that online at www.moneyclaim.gov.uk

tdlawyer :

Is there anything you would like to ask me about this?

Customer:

Does the previous owner have any responsibility? tThey were the only people who lived in the house.Can you give me any idea how much it would cost to go through the small claims court?

tdlawyer :

The previous owner only has liability if they have lied in some way, so you would need to check what they said on the sellers property information for, which you can get from your son's solicitors from when he purchased the house.

tdlawyer :

The cost would be about £30 to issue a claim.

tdlawyer :

Does this answer your question? Is there anything else you would like me to answer for you?

Customer:

Yes, thanks v. much

tdlawyer :

You're more than welcome. If you need anything more later or something comes to you and you want to know more, just let me know.

tdlawyer :

If this answers your question please do remember to rate the answer for me.

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