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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am going to have a maintenance /repair bill

Resolved Question:

Hello,
I am going to have a maintenance /repair bill for my roof as a direct result of moss growing. The moss grows because a neighbours fur trees cast a lot of shade they also drop a lot of debris, which makes rich compost quickly, again encouraging the moss. I have made them aware of the situation and they are being difficult.
I am interested in my rights so that I can proceed with full understanding of the responsibilities each party has. I would appreciate any info you have on the subject and your advice.
Regards, Clare
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is the cost of repair? When did you notify them please?Alex
Customer: replied 1 year ago.
Hi Alex,A roofer quoted £600-£700 to remove the moss. I notified the neighbours and got a written response that they knew the trees cast shade and that shade = moss end of 2014, early 2015, so a year ago.
Regards,
Clare
Expert:  Ash replied 1 year ago.
Ok - You need to write and set out your losses and request a refund of this 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.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?Alex
Customer: replied 1 year ago.
Hi Alex,
I have had to take them to the small claims court before (July 2015) due to them damaging by property, I was not awarded the full cost of the work required. What can you tell me in this case, will I be out of pocket again?
Regards,
Clare
Expert:  Ash replied 1 year ago.
Hi Clare, I cant tell you 100%, but this is a case of negligence. You should get 3 quotes for the work and pick the cheapest.Does that clarify?Alex
Customer: replied 1 year ago.
Hi Alex,Is it negligence because I have told them and had a response? How would this be classified if this was not the case?
Regards,
Clare
Expert:  Ash replied 1 year ago.
Yes. Its negligence because they have been put on notice that something on their land is causing damage to your property.Does that clarify?Alex
Customer: replied 1 year ago.
Hi Alex,
On Monday 15th Feb 2016 they cut down an Elderberry tree that was very close to my house, and managed to drop one of the branches onto my roof in the process - I don't think there is damage. This tree only blocked out some light from the North, so not likely to help the moss situation at all. The issue is with the ones that block south and west light. Will this action on that tree be considered to be enough by a small claims judge? - it was not done or my benefit.
I am just cautious of small claims.
Regards,
Clare
Expert:  Ash replied 1 year ago.
Yes it will be. You just need to make sure you have quotes to get the work done.Alex
Customer: replied 1 year ago.
Sorry, what does 'yes it will be' relate to?
Thanks
Expert:  Ash replied 1 year ago.
Yes to the damage. You need to get quotes for repairing the damage caused by them.Does that help?Alex
Customer: replied 1 year ago.
Are you able to email this conversation to me please?
Expert:  Ash replied 1 year ago.
Once you rate you can get it sent.Is that ok?Alex
Customer: replied 1 year ago.
Do I need to get the work done before notifying them or is getting it done after ok?
Expert:  Ash replied 1 year ago.
I would get quotes and then seek a Court order, or if its urgent get the work done and then sue after. But you need to show you have picked the cheapest quote.Does that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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