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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a property last November and it is 5 years old. I

Resolved Question:

I bought a property last November and it is 5 years old. I rented it out immediately. About 6 weeks ago the tenant had a problem with the hot water which was looked at by British gas. Whilst checking the boiler they discovered that the flue did not meet regulations and so condemned the boiler and said it couldn't be turned on until the flue issue was resolved. I eventually contacted the builder of the property not expecting them to do anything given the age of the flat. Surprisingly they accepted that the flue was installed wrongly and would fix it at their cost. Although this is great, I have been losing £44 a day as my tenant cannot use the flat. Can I claim this money, approx £1800 currently, from Taylor Wimpey?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

Do you have a formal written admission of liability from the developer please?

Customer: Hi, no I have just had phone conversations with them mad their contractor. I spoke to NHBC before the builder and they got the go ahead to do the work, although they only covered part of the work which is why I then went directly to Taylor Wimpey
Joshua :

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.

Joshua :

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

Joshua :

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

Customer: So them carrying out the work to rectify the fault isn't an admission of liability?
Customer: Ok
Joshua :

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

Joshua :

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

Customer: So if I try and write to them hinting that they were liable and they basically go along with it without making it clear that they do not accept liability then I could try and use that?
Joshua :

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.

Joshua :

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.

Customer: Ok and would I apply to them firstly for my loss or to a court?
Joshua :

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

Joshua :

is there anything above I can clarify for you any further?

Customer: That's been very helpful, thank you
Joshua :

pleasure. I hope you're able to tease some form of admission out of them

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: That's everything, thanks
Joshua :

Best wishes

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