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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have damp coming into my property due to a defective roof

Resolved Question:

I have damp coming into my property due to a defective roof on the adjoing property. The owner is slow in repairing what action can I take. Can I do work and sue in small claims or can I get Local Aurthority to actoin?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether it is a Local Authority property?

Customer:

No it is a privately owned house. The owner has a history of poor maintenence.

Alex Watts :

Do you know the cost of repair to your side?

Customer:

Approx £500

Alex Watts :

This is not a local authority issue, they will not be interested.

Customer:

Generally the property is in poor condition which the tenant is happy to live with, maybe the rent is low.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you 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?

Customer:

Thanks Alex that is fine

Alex Watts :

Can I help with anything else today?

Customer:

All OK thanks. If problems develop I will be in touch

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Actually just one thing any issues about entering his property to repair the roof. The repair can be done from outside with access via my property

Alex Watts :

Permission should be needed but the law says you can't refuse otherwise they can get a Court order

Alex Watts :

Does that help?

Customer:

Will I have to put them on notice say 48hrs?

Alex Watts :

Yes you do need to give notice of course!

Customer:

Thanks. I am due to talk to the managing agents again tomorrow before taking further action

Alex Watts : Great. Can I clarify anything else for you?
Alex Watts : .
Customer:

Sorry went away. All OK for now

Ash and other Law Specialists are ready to help you