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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My flat has a massive hole in the ceiling and it keeps getting

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My flat has a massive hole in the ceiling and it keeps getting worse and worse, its been over 3 months, I have contacted the Landlord MULTIPLE times, the building administration, building managers, insurance etc... with no result. It is becoming dangerous to use the bathroom as pieces just fall off. It is indeed a breach of contract after going over the tenancy agreement, however i would like to know what legal action I can take in terms of tort. This is because I am in my final year of university with my final exams approaching and I use my flat for revision, however with potential works happening during this time would significantly affect my productivity.
What legal action can I take?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Have you had the Council out yet to look at it please?Alex
Customer: replied 1 year ago.
Not yet.
Expert:  Ash replied 1 year ago.
Do you know the cost of repair?
Customer: replied 1 year ago.
Not exactly but the entire ceiling must be replaced.
Expert:  Ash replied 1 year ago.
Thanks. You have 2 choices really:1) Get a couple of quotes for doing the work and then ask the Landlord to do it and if he refuses, sue for breach of contract.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.2) Second would be to get a Court order to make the Landlord do the work. You would need to complete form N208:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdfThe Court would list the matter as above and decide whether to make the Landlord carry out the work.If the court makes this order (it is called specific performance) and the Landlord refuses then this is contempt of Court which the landlord can be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The thing is the Landlord never refused to do the repairs but keeps delaying everything. It has been 3 months of constant postponing, going on the 4th month. Insurance staff came over and established that there was indeed a big problem and everything needed to be replaced and that they would need to come back. Nobody ever came back, nothing was done.
Expert:  Ash replied 1 year ago.
Thats why you need to get an order that he do carry out the repairs.
Expert:  Ash replied 1 year ago.
Does that clarify?
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