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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9788
Experience:  I have been practising for 30 years.
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The leaseholder above my mothers property...my mother is

Customer Question

The leaseholder above my mothers property...my mother is also a leaseholder....employed builders to renovate his property this summer. This property and 3 surrounding property's were all damaged by 2 unessersary floods caused solely by shoddy workmanship from the above leaseholders work force. We (the neighbours) endured months of out of hours banging/drilling throwing of rubbish and spitting in our gardens from these so called builders. We continually complained to the above leaseholder and his property management team only to keep being fobbed off.
We, the neighbours have sent the leaseholder 3 seperate individual emails of complaint which included the cost of materials, redecoration and compensation.
He reluctantly replies, after prompting, with a lump sum for us to distribute amoungst ourselves which doesnt cover the cost of all 3 properties redecoration.
Can you please help and advise us as we are all at the end of our tethers.
Thank you
Patricia Curran
07985 298702
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Clearly this is common law nuisance and/or negligence. You need to get together a quotation for putting right everything that is wrong and tell him exactly how much you are prepared to settle for. You need to put this in writing and give him until a particular date to resolve the issue failing which you will take him to court to recoup your costs of rectification resulting on the damage.

I’m assuming that he has not paid any money yet if he has, you have not accepted it as any kind of full and final settlement

if he doesn’t pay what you are asking for and what you can justify having spent, you can take into the Small Claims Court quite easily here www.moneyclaim.gov.uk

if 3 of you do the same thing at the same time it may focus his mind that he needs to settle this matter otherwise you will have three separate sets of proceedings to deal with.

Can I clarify anything for you?

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Best wishes.

FES