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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In September I bought a new bungalow

Resolved Question:

In September I bought a new bungalow and after moving in all the garden was turfed by the developer. The turf was not rolled but they said they would do so in spring.
During the winter the grass deteriorated and became waterlogged and unable to be walked on. I expected it to dry out but it is as bad as ever even though we have had no rain for a month.
I have just had some work done by a landscape gardener and he confirms that the ground is waterlogged, the turf has been laid on solid clay and is currently dying. His recommendation is that all the turf is removed as it will never grow and replace it with slate, paving and decking.
I have kept the developer aware of the state of the grass and he agreed to come out this week to inspect it but is now refusing to do so. He maintains that the garden is perfect and that no remedial work is necessary.
The work will have to be done - Who pays?
I would welcome your advice.
Kind regards,
David ******
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.It would be the developer. You purchased the bungalow and the turf should have been done properly. It was not and therefore the developer would be in breach of contract.So it would be the developer that would be responsible.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
If the developer will not discuss the matter, how should I move the matter forward
Expert:  Ash replied 1 year ago.
You need to get a quote for putting the work right.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?