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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Do you have a formal written admission of liability from the developer please?
thank you. The difficulty here is that as you have correctly identified, the developer is not liable at this stage for the issue that has been found. accordingly, it follows that they are not liable for your rental losses.
if you can obtain a formal admission of liability from the developer in respect of the fault, it then follows that you can claim your reasonable losses that flow from that liability which would include loss of rent
that the developer is attending to fix the fault is not unfortunately evidence in and of itself of liability sufficient to make a claim for further losses. The developer could simply claim that they are attending to fix the issue as a gesture of goodwill
accordingly, if you can obtain some form of the mission perhaps by email from the developer - the email does not have to take the form of a formal admission but can be provided by relatively casual language providing the admission is clear, you would appear to have the basis of a reasonable claim
if they do not provide any written admission but simply attend to repair the work, you could claim that the attendance to repair was an admission of liability however this would be at risk of a defence by the developer in court that the repair was simply carried out as a gesture of goodwill and it would be for you to prove otherwise which in default of an admission of liability would be challenging I fear
yes you might try and email along the lines that you are writing to confirm the details of your your telephone conversation with X and you are grateful that they accept liability in respect of the faulty flue installation and you should like confirmation as to the date and time they intend to attend your property to rectify the installation and that they will cover all the costs.
Or something like this. if they were to reply without specifically excluding their liability, this would be good evidence of an admission of liability on their part.
if you are able to obtain some form of implied admission of liability as above from there, you can then asked them to cover such additional losses you have suffered and if they refuse, you may consider an application to the Small Claims Court. To do so, the simplest way to issue proceedings is by using www.moneyclaim.gov.uk
is there anything above I can clarify for you any further?
pleasure. I hope you're able to tease some form of admission out of them
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