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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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We live in a development where we have a managing agent plus

Resolved Question:

We live in a development where we have a managing agent plus four directors who represent the seventy five residents who have individual shares of the freehold.
We live on the top floor (3rd floor) and a lift modernisation program, that was scheduled for five weeks, is now entering week sixteen!
I am a sixty six year old woman who suffers with arthritis and asthma. Disputes numerous promises of completion dates and repeated correspondence regarding the situation we continue to struggle with the everyday problems not having a lift is causing. We now have no knowledge of why and when the completion date will be.
Are we able to take legal action against either our freehold company or our managing agents?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

You could take action if either of them are in breach of contact or have in any way been negligent. However my concern would be that court action would take longer than the contract even if there have been delays. Have your solicitor contact them and find out exactly what the issue is and when it will be resolved. Your solicitor can threaten a case for damages for inconvenience.

Customer: replied 1 year ago.
Thank you for your response. Can I use the Disability Act (2015) or the Equality Act (2010) to support my need for a functioning lift?
Expert:  JGM replied 1 year ago.

Yes you can, on the basis that you need a lift and thus are being treated less favourably than someone who does not have a disability.

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