How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3227
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

We have been using au unused cupboard just outside our flat

Resolved Question:

We have been using au unused cupboard just outside our flat for 17 years. When we bought this flat I was given the keys by the vendor as part of the house sale. The managing agent had broken in and changed the locks without informing me what are my rights?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
The managing agent informed us after the event and have given us 7 days to collect all our belongings.
Customer: replied 8 months ago.
The managing agent also accused me of damaging the communal carpet on the floor I live on by over-watering plants in 2015. This was not true and later it became clear that the carpet had clothes moths. I reported this in or around March 2016. I now have clothes moths that have destroyed many of my clothes, the managing agents/directors of the board have refused to attend to the clothes moths.Also my neighbour underneath my flat had a leak. The managing agent's plumbers spent 7 days sourcing the leak. Damaged bathroom tiles and did not reassemble the kitchen or the bathroom, I believe they have repaired the persons ceiling that was damaged whose sourcing the leak. The source of the leak was never found. I have emailed requests for the flat to be reassembled, clothes moths to be eradicated and compensation, please can you advise me if what I should do?
Customer: replied 8 months ago.
The leak occurred in April 2016 and I have had no response to the above
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you.

How much are you seeking to claim?

Customer: replied 8 months ago.
good morning,I have not calculated the costs yet for the kitchen, bathroom and clothes moth damage to clothes and rug. Not sure if the managing agent will repair or whether I invoice them. Have had some works done as the kitchen and bathroom were unusable in their state of disassemble which cost us £150 but the broken tile in the bathroom is an issue as we have two bahrooms and they are identical and we wish to keep them identical and the tiles are no longer manufactured so could be quite costly. We def want to keep the cupboard, the cupboard is the most pressing matter. As I says before I was shown the cupboard when I viewed and given keys when I completed in 1999 and have been using it ever since.
Customer: replied 8 months ago.
Thank you for your help.
Expert:  Jamie-Law replied 8 months ago.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 8 months ago.
Thank you for your reply,1. Does that mean you think I have a good case?2. I don't have any paperwork confirming the cupboard is part of my property. The vendor told me verbally it was and gave me two sets of original keys. I have been using it for over 17 years which everyone has known about, does this make any difference?The managing agent must be acting on behalf of the directors who believe the cupboard does not belong to me. The deeds are unclear.3. Please can you clarify whether I need to prove the cupboard is mine? And if so how?4. What law did they breach when, unannounced they changed the locks and removed the items?5. Under what law would I sue for the clothes moth damage? Are they negligent for not attending to the moths and repairs for the damage to the bathroom when I reported and request it be attended to 6 months ago.6. As the managing agents plumber damaged the bathroom tiles and I have two identical bathrooms and the tiles are no longer available and I wish them to remain identical can I claim for both bathrooms?Thank you really appreciate your time and wisdom
Expert:  Jamie-Law replied 8 months ago.

I think you may have a case based on what you have said.

Unless the cupboard is on your land then it wont be yours.

They are in breach of contract, you had an implied right to use it, as you had already done so

Does that clarify?

Customer: replied 8 months ago.
The cupboard is just outside my flat in the communal hall
Expert:  Jamie-Law replied 8 months ago.

You need to check your Deeds, you may not own it.

But the fact you have been using it, does not mean they can just take it away
Does that clarify?

Customer: replied 8 months ago.
what does the fact I've been using it it mean?
Expert:  Jamie-Law replied 8 months ago.

Then it could be implied you have use.

Does that clarify?

Customer: replied 8 months ago.
I still don't know what you mean by implied?
Expert:  Jamie-Law replied 8 months ago.

If its not on your Deeds its not yours.

But if you have been using the cupboard, it is implied (so not written), that it is yours to use

Does that assist?

Customer: replied 8 months ago.
Also I would appreciate a reply to each bullet point if that's possible please?
Customer: replied 8 months ago.
Which over rides? What would I say in my letter to the board of directors and managing agent because I don't understand the meaning/answer to my question? Is there a specific law article 'X' that says I can use it? I would be happy with the continued use of the cupboard but not owning it
Expert:  Jamie-Law replied 8 months ago.

1. Does that mean you think I have a good case?
Yes

2. I don't have any paperwork confirming the cupboard is part of my property. The vendor told me verbally it was and gave me two sets of original keys. I have been using it for over 17 years which everyone has known about, does this make any difference?
No.
The managing agent must be acting on behalf of the directors who believe the cupboard does not belong to me. The deeds are unclear.
3. Please can you clarify whether I need to prove the cupboard is mine? And if so how?
The Cupboard will never be yours unless its on your Deeds - you have an implied right to use.
4. What law did they breach when, unannounced they changed the locks and removed the items?
Contract law
5. Under what law would I sue for the clothes moth damage? Are they negligent for not attending to the moths and repairs for the damage to the bathroom when I reported and request it be attended to 6 months ago.
Breach of contract and/or negligence
6. As the managing agents plumber damaged the bathroom tiles and I have two identical bathrooms and the tiles are no longer available and I wish them to remain identical can I claim for both bathrooms?

You can

Does that clarify?

Customer: replied 8 months ago.
Good morning,Thank you for your help so far. My understanding of the definition of 'implied' is that it is hinted at, which is vague. Two more clarifications :1.As 'implied (not written) right of use' means by law we can use it for as long as we live here can you tell me what that law is called? For example under the distant selling act of 2008 etc.2a, Negligence - is there an act/law name similar to the one I'm asking for above for negligence ?2b, What breach of contract have directors and/managing directors broken. Is this a legal contract if so please can we have the name of that act/law?Think this should be the final clarification, look forward to hearing from you
Expert:  Jamie-Law replied 8 months ago.

1. Implied means not written. Implied can be by conduct or statute.

2a. No, negligence is common law. No act

2b. The agreement which has let you use the cupboard for some time. It is implied by law.

Does that clarify?

Customer: replied 8 months ago.
i still don't understand :Implied = not written
Conduct = behaviour
Statute = lawSo 'not written behaviour' or 'not written law' how can I define this unwritten law in this instance.Sorry I'm being a bit slow, would it be easier if you just put a sentence in which one might be using implied law if you wanted to maintain your right to a cupboard?
Expert:  Jamie-Law replied 8 months ago.

Not written is common law, that means it has developed over time but not an act of parliament

Does that clairfy?

Customer: replied 8 months ago.
what makes you think we can continue to have use of the cupboard through the implied right of access?Can you site a case when the Judge has awarded in favour of the implied right of access and the yearI still don't know what my rights are and if I have a case that has a good chance of winning.
Expert:  Jamie-Law replied 8 months ago.

99% of cases are not reported as they are by district judges. But the law implies if you have had use then you can ccj tinue using. I think you have a 50/50 chance.

Does that clairfy?

Customer: replied 8 months ago.
Good morning,I hope this email finds you well.I have signed up for the premium membership package which allows me unlimited questions so please can you help me with this letter before action. I have questions in italics and If you think anything else needs changing please go ahead.Dear Directors,Letter before actionAs it has not been possible to resolve these matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.1. You are in breach of contract under the (please fill in name violations ie. Breaking and entry, implied right of access/duty of care/discrimination not following protocol) by breaking into my property and changing the locks without proper protocol. You informed me after the event, you knew this cupboard is mine and I have been using it since 1999. Mr Kenndy could not work on Saturday as he could not access tools. Leaving the door unlocked constitutes a security risk. Please note I have not checked to see if everything is there yet.Action : Arrange for keys to the cupboard be delivered immediately2. Legal fees: When I was unable to pay my service charge you failed to send a letter before action in accordance with the practice direction on Pre-Action Conduct, therefore I will not be paying the legal fees.Action: none3. (Please put in name of violation ...Negligence and duty of care if appropriate) On or around 24/06/15 the directors were informed of damage to the 5th floor carpet. The directors falsely concluded I was responsible. An attempt to make me pay for a new carpet was made, it was agreed I buy a rug to cover the damage from my personal monies. About a year later the porter and I reported there was a serious infestation of clothes moths throughout the 5th floor and they are responsible for damaging carpet and items in my flat. We requested the moths be attended to. No response to date.Action : arrange for moth exterminators, pay claim of 'X'4. (Please put in name of violations using his position for favourable treatment, discrimination, incompetence, duty of care ...) On or around 06/03/16 one of the directors experienced a leak which appeared to be coming from my flat. This director insisted he believed the leak was coming from the roof and the roof tiles had to be lifted to verify. Due to the construction of the building this is impossible without an obvious trace. An abuse of our time. Access was allowed for two weeks, an extensive search for the leak was made that involved dismantling,The directors instructed the plumber not to repair any leaks they found, the directors attempted to cut off my hot water for three days to conduct a pressure test (a pressure test takes a maximum of 30mins). The source of the leak was never found. The director has had his flat made good and mine has not been repaired. In fact I have had no response to date see mail of. 16/05/16)can we claim for time taken off work?Action : pay the claim, remove the director.5. In or around 28/02/16 i was forced off the board by being told the board had decided in my absence that the longest serving director should resign. See my email of 28/02/16 Is this legal.Action : clarification6. (Name of violation ) No response from the board to my repeated claims of discrimination and harassment.Action : address the issues7. (Name of violation sex discrimination act 1975 chapter 65 s4 and s4a )Treating with contempt: I was told that I and I alone should not expect a reply to my emails to Bunn & Co but that I should visit the offices and collect them in person. I became too scared to go to board meetings on my own and took Mike Yuille as a witness to discuss this treatment on Xx date during that meeting the directors either made no comment or maintained that I collect replies to emails in person. On tX date I met two directors in the Rochester brasserie to discuss whether to keep Bunn and Co as our managing agents. I said I felt I was being sexual discriminated against, the directors told me they would keep Bunn & Co no matter how incompetent. I was the only woman on the board and I am a Feng shui consultant a very different profession from the other directors.Action. : change managing agent9 ( name of violation... duty of obedience, treating with contempt ) I have been asking for a meeting regarding Mr Machado's contemptuous attitude to me with Bunn & Co since 2013. Still not had one to date. I have brought this to your attention on many occasions yet no action has been taken.Action : change managing agentContinued on next page
Expert:  Jamie-Law replied 8 months ago.

If you could rate this answer then start a new question with a letter before action.

The site credits me per question, so if you keep asking one on the same thread, I only get one credit,

Thanks!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3227
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Of course I will

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice