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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The landlord who owns the house next door to my house.

Resolved Question:

hi. The landlord who owns the house next door to my house. is refusing to replace the fence panels as they are falling down. I have checked with the land registry and it states that fence is his responsibility. what can we do.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The best option in the circumstances is to replace the fence panels yourself and then send him the bill for the works done. If the landlord next door fails to pay, then you can sue him in court for any monies owing. aware that this is the best option because the law will not give you a mandatory order compelling the landlord next door to carry out works to the fence, even though that is what the covenant makes clear should happen. So you must have the works done yourself and then get the money off the landlord next door.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the answer your Expert will not receive payment for answering your Question.
Customer: replied 1 year ago.
Hi.
I do not have his address to issue a summons in the small claims court.
Expert:  Buachaill replied 1 year ago.
3. You can run a search in an online programme which searches for people in the UK. This will get you a person's address. It costs less than £5 and you will have the address instantly, as you already know one property which this person owns. This is not an insurmountable difficulty.
Customer: replied 1 year ago.
Hi. 9 years ago we, in error, thought that this was a party fence. It was in a dangerous state so we replaced everything ourselves, whilst I was pregnant. We asked for half of the money back from the landlord, via the then tenants, but to no avail. Can we claim this back after such a lone time, if we have to go to court for replacing the fence now.
Customer: replied 1 year ago.
His name is ***** ***** common - there are far to many in our area to find him
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.To be clear, he owns the property?Alex
Customer: replied 1 year ago.
Yes he does and he rents it out. There have been many tenants since we purchased the property in 2003. He is obviously listed on the HM Land Registry as the owner, that where I obtained his name, but there are so many with that name in the area I would not be able to find out which was him to issue a summons.
Expert:  Ash replied 1 year ago.
You need to apply to seek a Court order as my colleague has advised for the costs. You can do this online at: www.moneyclaim.gov.ukYou can use the address on the Land Registry.Once you have Judgment then you can seek an order that the Judgment debt be secured against the property.That makes the debt secure which means its like a mortgage.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
HI. That's interesting. On the money that we paid out 9 years ago, can we add that to the summons now, or is there a statutory limitation on that.
Expert:  Ash replied 1 year ago.
If its 9 years ago then you are out of time (6 years) unless its as a deed in which case the Limit is 12 years. Does that clarify? Alex
Customer: replied 1 year ago.
What do you mean unless its a ded
Customer: replied 1 year ago.
sorry deed
Expert:  Ash replied 1 year ago.
If its a contract etc then its 6 years. If its a deed (like a mortgage written as a deed) then its 12 years.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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