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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I rent space within a school to run a pre-school on a

Resolved Question:

Hi.
I rent space within a school to run a pre-school on a TOCA (transfer of control agreement) agreement. The school have had issues with a roofing contractor 3 years ago who didn't make the roof water tight and has left certain areas prone to flooding.. including the space that i rent. Again this week it has flooded and caused damage to my property. Who is responsible for the cost of the damage. The school has signed up to the local authority insurance which only covers fixtures and fixings so they wish me to claim on my insurance which will put up my premiums up. The roof has been leaking for the last 3 years on and off and the contractors were back on site about 3 months ago but didn't sort out any of the leaks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

If this was a negligent installation by the roofing contractor then they are liable.

Alex Watts :

Sadly you dont have any claim directly against them as you have no contract.

Alex Watts :

However the Council has liability as I assume they instructed them.

Alex Watts :

Therefore you can sue the Council and the Council can counter sue the roofing contractor.

Alex Watts :

So the Council are liable to you in the first instance.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your response. I was wondering if the length of time that the work was first undertaken would discount the contractor as being liable.

Alex Watts :

They have a cause of action up to 6 years for breach of contract, so quite a long time.

Alex Watts :

But in any event you wont be liable, the Council should be resolving the roof, its their structure after all

Alex Watts :

Does this clarify?

Customer:

I am pleased to hear that the cause of action is for such a long period. Should i be liaise soley with the council or with the school governors where i currently am instructed to communicate. The council are wriggly out of this claim currently. The contractors fullfilled the last claim but they were on site at the time. I have no contact details for the contractors.

Alex Watts :

Whoever your Landlord is, that is who you need to liaise with. I suspect the Council

Alex Watts :

So whoever is your Landlord.

Alex Watts :

Does that help?

Customer:

Landlord is the head teacher who is in Spain!!

Alex Watts :

Ah ok.

Alex Watts :

But did the head sign it on behalf of the school - if so then the governors are your Landlord.

Alex Watts :

If she signed it on behalf of the Council, then they are the Landlord.

Alex Watts :

Based on what you say, I think probably the school.

Alex Watts :

Which is of course funded by the Council. But if that is the case the school would be the Landlord so governors.

Alex Watts :

Does that help?

Customer:

Thanks for your help. I think that the governors are currently the go to guys. If I need a solicitor to fight the council on this... what type of solicitor would be able to take this on?

Alex Watts :

Just a regulator Landlord and Tenant Solicitor

Alex Watts :

You can find one locally:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

Can I help with anything else regarding this?

Customer:

Many thanks for all your help.

Alex Watts :

Great. If this does answer your question might I invite you to rate my answer today

Alex Watts :

If the system wont let you, or you need more help please click reply



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