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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In March 2015 I purchased a flat in a former Victorian school

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In March 2015 I purchased a flat in a former Victorian school to provide rental income. It needed complete refurbishment. The completion of the work was delayed for over four months because the managing agents, despite my complaints and complaints by other leaseholders for over two years, failed to remove extensive ivy growth which blocked the drains and gutters and left one side of the building sopping wet (in my flat the new plaster could not dry and be decorated and was therefore unlettable). The work was eventually done in March this year and took only a few days... the agents essentially admit they were at fault but the maintenance trustee is only offering token compensation. The flat is now completed and let at £525 pw (before agents fees) but I have an 'opportunity cost' of over £8000 from lost rent. I have a comprehensive photographic record of the events.
The Maintenance Trustee, via the managing agent, claims that I did not seek to mitigate my loss (not explaining how I could have done this for an uninhabitable incomplete flat) and that I knew the condition of the wall when I bought the flat, though this of course progressively worsened.
If I refer the matter to a Lands Tribunal hearing would they take such consequential loss into account if awarding damages?
Thank you......
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you. Given the value and breach of contract element you may be better off going down a small claim route.
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 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.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Thank you but perhaps I should have added that by agreement with the agents I have withheld payment of service charges and contribution to cyclical major works until the matter is resolved.... I believe it would be a matter for a tribunal not a small claims court, hence my question as to whether a tribunal hearing would take consequential losses into account...
Expert:  Ash replied 2 years ago.
No as that is a matter of contract. That needs to be determined by a court.
Does that help?
Alex
Customer: replied 2 years ago.
Many thanks but not quite ... I have actually had a bit of tribunal 'success' in the past and I think it is within their ambit since service charges are involved and a natural offset would be the easiest way - it is simply if I threaten tHe landlord that I would take it to a tribunal, would the tribunal take consequential loss into account or only the direct cost of works?
Expert:  Ash replied 2 years ago.
Yes a tribunal can.
Alex
Customer: replied 2 years ago.
Many thanks.... sorry, I had to go walkabout, hence the delayed response, but impressed that you responded so early on a Sunday....Regards,Nik
Expert:  Ash replied 2 years ago.
Of course. Good luck.
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