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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Where do I stand with regards ***** *****: When our

Customer Question

Hi
Where do I stand with regards ***** *****:
When our tenant moved into the property the driveway was adequate for a standard weight vehicle and for access to the property. Our tenant has a heavy 4x4 and since living in the property and parking her vehicle on the driveway it has sank in places and caused big holes. She has said that visitors to her property and herself have fallen due to the condition and has asked us to repair it. How do we stand? Are we liable to pay for all the driveway to be repaired/replaced or is the tenant? Or would it be a reasonable right to request half the cost? She has also been posting on social network comments about the drive and pictures of her foot with comments stating to make a claim. Many thanks in advance for your reply.
REgards
Michelle
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello Michelle my name is ***** ***** I will help you.
Can you be sure it is the 4x4 that has caused this please?
Customer: replied 8 months ago.
Yes its definitely the 4x4. It wasn't the best drive drive but it had held the weight of the previous tenants vehicle - a standard size one.
Expert:  Ash replied 8 months ago.
In that case you are not liable. Had it not been for the 4x4 then the area would not have been damaged. As such your tenant has damaged your property and you are entitled to be paid for the repair of this.Clearly it cant be new for old because you would have betterment because of this. You should get a number of quotes for getting the work done - this is your loss.You need to write and set out your losses and request a payment 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 pay 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
Expert:  Ash replied 8 months ago.
.
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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