How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

I purchased my upstairs flat on 2nd September (with a roof

Resolved Question:

I purchased my upstairs flat on 2nd September (with a roof terrace) and on 18th October scaffolding was erected and on 4th November the hand rails were removed and now I can no longer use that space. I am appalled with my conveyancer because he didn't address questions I asked him on payments to the freeholder months and although he has asked forgiveness I cannot bring myself to use him again. I rang GMB unionline today and spoke to someone who said that I should take up a formal complaint before going to court. She suggested making formal complaints about both the solicitor AND the Estate Agents but I don't have enough energy this ongoing.
The Estate Agents that sold me the property enhanced the beauty of the roof terrace on selling it to me. I wonder now if I could sue them -selling me the property under the Consumer Protection from unfair trading regulations 2008. I need railings outside as I have 2 young children and they would fall to their death if they ventured out there and leaned over.
The freeholder is extremely clever and is now saying that the responsibility is mine if I would like to re-erect handrails. This is wrong! He is contravening the Buildings Regulations K by having removed the handrails and decided at that time that the responsibility was his outside space. Reading all the paperwork and emails that have gone before I feel that he's cross that the previous incumbent didn't use one of his chosen professionals to erect the handrails to begin with.
My [previous] conveyancer said that the freeholder can act on a whim. As much as I want to concentrate on a positive solution going forward I feel so cheated by this whole situation and bought this flat in good faith but now feel that the value has decreased so much and I don't have the resources to replace the handrails or instruct a solicitor to start again from scratch in a new fight (after only having finished getting through the fight of divorce!)
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : To confirm they removed the railing?

Yes the railings were removed on 4th November 2014. A local builder was used employed by the freeholder - my landlord. They left the railing laid to one side on the roof space idle now.

Alex Watts : Do you know the cost of putting right?

No but I am keen to discover this. I have spent some time looking at websites but haven't made any appointments yet. The builder who removed the rails does not do the required work to replace them. He suggested a metalworker. I don't know any of this sort.

Alex Watts : Ok. I would get a number of quotes to get the work done, this forms your loss.
Alex Watts : You need to write and set out your losses and request the do the work or refund the cost 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
Alex Watts : If they do not then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : 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.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clairfy anything about this today please?

thank you. Would you suggest that I request the freeholder pay my losses or the Estate Agents?

Alex Watts : Freeholder.
Alex Watts : Does that help?

Thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice