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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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1. I requested repairs from Landlord 5 times during past 4

Customer Question

1. I requested repairs from Landlord 5 times during past 4 months and my request has been ignored
2. The Environmental Officer confirmed that Property requires engineers report ( surveyor's structural report), but resigned to act upon it as Landlord is closely tied with council and holts any action.
I complained to county authority and awaiting the response.
I decided to act immediately as Property is dangerous and requires an immediate repairs.
I sent to Landlord the final request to provide survey report and repair . That was two weeks ago. No action was taken and time fir response has expired.
I obtained now 3 different quotes for survey and I intend to survey Property myself and send request for repairs based on that survey. If that is refused or ignored I intend to apply for a court injunction to force Landlord to repair Urgently.

So, I need your professional advice as to how and to what court do I make an application for injunction - urgent one. Please - step by step of applying for injunction to repair pursuant to Defective Premises Act 1972. Also, property is grade 2 star listed heritage
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 : Is this commercial or dwelling please?
Customer: This is 15c grade 2* listed Heritage.
Customer: This is grade2* listed Heritage.
Customer: This is 2* listed Heritage. It was managed by Council in the past and now is managed by trust, who acts as private landlord. No, it is not commercial.
Customer: It is not commercial but rent as private. It is grade 2* listed and it is in appalling condition. We are now in stage where we want to for e repairs, either through council or through court, by injunction. This is where I need help to determine which way to chose. landlord ignored 3 requests, 2letters before the claim and is simply ignoring any communication. We want to act and force repairs and also conduct our survey - landlord refuses to provide the copy of survey. Finally, landlord has strong comnection im council and our complaints through council were so far delayed or "lost. This is very disturbing case.
Alex Watts :

You need to get a surveyor

Alex Watts :

You need to then issue proceedings in the County Court

Alex Watts :

You use form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court sends a copy to the other side

Alex Watts :

If it is defended it will be set down for a hearing and a Judge will decide what to do

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I am aware of that.
Customer: I intend to seek court injunction to force landlord to repair. My question is the procedure to issue a court injunction for urgent repair of defective property which is dangerous to public as few roof slates already fell to public path. How do I request urgent repairs - through telephone call with judge, application or else- what is the procedure to apply for injunction. N1 form and standard court claim is not applicable here. Is this in magistrate or civil court.
Alex Watts :

You still have to issue form N1

Alex Watts :

It would be a civil Court, its not a criminal matter

Alex Watts :

But you also need form N16a

Alex Watts :

The Court will consider whether to make an interim repair order in the meantime pending trial

Alex Watts :

Does that help?

Customer: Ok, just last question. When landlord commence with the possession order is that the end of the tenancy agreement or agreement is still valid. I refer to landlord who wish to escape repairing obligations through possession order. Also, is landlord liable to repairs obligation during the possession order or when those obligations terminates.
Alex Watts :

The tenancy is valid until you move out or you are evicted.

Alex Watts :

Even when a possession order is in place the Landlord still has to comply with his obligations, as do you

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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