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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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my mum owns a flat above a shop and the corrugated iron

Customer Question

Hi my mum owns a flat above a shop and the corrugated iron roof has been leaking for 5 years now in the title deeds it states that both parties have to pay a share with the shop being responsible for the larger share, she has tried to negotiate with the shop owners but they have been aggressive and uncooperative. She has also tried to get quotes for the repairs but the shop owners tell every builder that comes out that they won't pay for it. My mum is 63 and not in good health and has almost given up any advice on how i could help her would be much appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

Just to be clear your mum owns the freehold or the leasehold of the flat please?

JACUSTOMER-zno7pix3- :

Unsure i think yes, the building is over 100 years old and she bubought it from my grandmother around 30 years ago

Alex Watts :

Can you check?

Alex Watts :

It would be usual just to have the flats.

Alex Watts :

Normally one would own the freehold and the flat / shop would be leased.

JACUSTOMER-zno7pix3- :

The title deed is at the solicitors office so i can't be sure i could fetch it tomorrow

Alex Watts :

Yes I will need to know.

Alex Watts :

Because if she does not own the freehold then it could cause a problem

Alex Watts :

Can you let me know tomorrow?

JACUSTOMER-zno7pix3- :

Yes thankyou

Alex Watts :

Thanks

JACUSTOMER-zno7pix3- :

Its freehold just been told by the old owners of the shop

Alex Watts :

Ok. Who owns the freehold your mum?

JACUSTOMER-zno7pix3- :

Yes

Alex Watts :

Ok good. What she needs to do is formally write with the quotes and ask for the money within 14 days or say she will go to Court.

Alex Watts :

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.

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 for trial.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zno7pix3- :

Thanks

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

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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