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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have an issue with the managment agent in my building

Resolved Question:

Hi,
I have an issue with the managment agent in my building that I think is a neglet case on their side.

There was an issue with humidity in one of the walls in the lobby in late 2012, they quoted it and fix it but the issue reapeared a couple of month later. During summer 2013, I bought the flat with the confirmation by the vendor that the wall issue was payed for and due to be fixed, he even left £400 credit in case it run over.
In November 2013, the managment company credited some of this money back to the leaseholder but the existing issue was never fixed.

In January 2014, the bad weather condicions worsen the status of the wall dramatically. I reported it but the only response I had was that they will fix it in due course.
At the begining of this week, I wrote to them stating that the wall is now all mouldy and extremely deterirated and I wanted reasurance that it will be fix without additional charge.

They answer me that the initial charge was credited back because 'the contractor at the time did not feel that additional work was required' and they had send on the post a notice to fix the coblestones in the wall, treating it as if it was a new issue, which will not probably be quoted until April.

I am in the process to write a formal complaint to them stating my disatisfaction with all this but I would like to know what will be the best process to ensure that this is taken seriouly and fixed as a matter of urgnecy. The amount of mould developed in the wall is quite dramatic and I am sure it breaches some kind of helth and safety regulation.

Thanks very much for your help on this.
Kind Regards,
Elena
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you had a surveyor come to look at it yet and give a firm view please?

Customer: What can a surveyor do at this stage? They reported that the wall was scorched in the standard survey for the morgatge. What I need to know ifl
Alex Watts :

Sorry the sentence cut off.

Alex Watts :

You need to know if?

Customer:

Sorry, I was in a cab and did not realize I sent this. I just check the survey and it does not include this information, so my mistake, I thought it did.

Alex Watts :

Ok - have you had a professional surveyor out to look at this particular problem?

Customer:

No

Alex Watts :

Ok - this is the first step and what you should do.

Alex Watts :

This will tell you what the problem is and how it should be rectified.

Alex Watts :

Then you get a number of quotes, normally 3 for getting the work done.

Alex Watts :

This forms your loss

Customer:

But the managment company is going

Alex Watts :

You should to write to the Landlord and set out your losses and ask for the work done or the cost of it within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.


Alex Watts :

This is why you need to send this letter

Alex Watts :

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.

Alex Watts :

You can then use the surveyor report and quotes to show a Judge that they are not doing the work despite of knowing about the problem

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok - thanks I think that helps

Alex Watts :

Great, all the best with this

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Thanks. I will read in more detail the information provided and will contact you if I need any additional help

Alex Watts :

Of course. I am more than happy to answer any additional questions you may have.

Ash and other Law Specialists are ready to help you