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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The outside wall to my building has dead ivy on it and the

Customer Question

The outside wall to my building has dead ivy on it and the damage it has caused to the building is impacting my flat. The freeholders agent said that they would remove the ivy to inspect the damage. This was months ago. I have sent at least 10 emails asking when the works will start and I am getting no reply. I know they are getting the emails as they did respond to a request for permission to let. What legally can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 : Do you know the cost of doing this please?
JACUSTOMER-v2fbup59- :

No I don't know the cost. They said they would get it done but haven't given any details.

Alex Watts :

Ok - you need to get a number of quotes to have the work done. This forms your loss

Alex Watts :

You need to write and set out your losses and request they do the work or payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-v2fbup59- :

I'm more concerned that they haven't replied to my emails about getting the ivy removed. I know that it's grown into the roof and because of this the building is not watertight (resulting in damp internal walls in my flat). How do I get them to get the ivy removed and the roof investigated? The lease also says that each apartment is responsible for the roof directly above them. I don't have any roof as I'm the ground floor apartment. I'm sure the possible cost of a new roof is adding to their procrastination.

Alex Watts :

Yes of course I see you are concerned.

Alex Watts :

Which is why you should send a letter recorded delivery

Alex Watts :

And once proceedings are issued then they will act quickly

Alex Watts :

Does that help?

JACUSTOMER-v2fbup59- :

Ok. Thanks

Alex Watts :

Great.

Alex Watts :

If I could ask you to rate my answer before you go, if the system wont let you please do say

Alex Watts :

If you need more help please click reply

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.

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