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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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I own a mid-terraced house. It is attached to a large property

Customer Question

I own a mid-terraced house. It is attached to a large property divided into 4 flats. There is a shared car park at front and I lease an allocated car park space from the same managing agents who manage the main property next door. There has been a subsidence problem in the whole building. I paid my insurance excess and got my fairly minor repairs completed a year ago. The managing agents installed shoring braces on the front of the ground floor flat next to my own house 16 months ago. Since then, they have not carried out the necessary repairs, they have just left the braces on. Apart from being unsightly, they restrict access to my car park space. I have also put my property on the market but the braces are putting viewers off. A surveyor told me my house is 'unsaleable' until these braces have been removed. The managing agents told me it is the loss adjustor's responsibility as the loss adjustor had the braces erected. However the loss adjustor is also fobbing me off. What can I do?
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 3 years ago.

I own a mid-terraced house. It is attached to a large property divided into 4 flats. There is a shared car park at front and I lease an allocated car park space from the same managing agents who manage the main property next door. There has been a subsidence problem in the whole building. I paid my insurance excess and got my fairly minor repairs completed a year ago. The managing agents installed shoring braces on the front of the ground floor flat next to my own house 16 months ago. Since then, they have not carried out the necessary repairs, they have just left the braces on. Apart from being unsightly, they restrict access to my car park space. I have also put my property on the market but the braces are putting viewers off. A surveyor told me my house is 'unsaleable' until these braces have been removed. The managing agents told me it is the loss adjustor's responsibility as the loss adjustor had the braces erected. However the loss adjustor is also fobbing me off. What can I do?

Customer: replied 3 years ago.
Relist: Other.
No answer within 15 minutes
Expert:  Stuart J replied 3 years ago.





I'm sorry, but this is not an instant service because we
are all solicitors

in practice. We all have clients and court and other users on this site and

travelling and weekends and evenings etc. So sometimes you may get a response

in minutes but sometimes it may be hours. We also need time to type out
answers!

What do you you actually want?

How do they obstruct the space? I don't actually know what format these braces take. Have you written to the Loss Adjuster and Mg agent saying get them removed or else?

Customer: replied 3 years ago.

I want the neighbours to carry out the work to repair their subsidence which may still be impacting on my property. OR to remove the braces altogether so I can sell my property without the braces blighting it.

Expert:  Stuart J replied 3 years ago.
How do they obstruct the space? I don't actually know what format these braces take. Have you written to the Loss Adjuster and Mg agent saying get them removed or else?
Customer: replied 3 years ago.

They are wooden struts that basically support the front bay window, so they surround the whole window and the legs extend out into the car park area by a few feet. They obstruct access to my car parking space if other residents are already parked because they reduce the room for manoeuvre. I have asked the MA and Loss Adjustor to repair or remove the braces, but I haven't said 'Or else' because I don't know what I should be threatening to do next!

Customer: replied 3 years ago.
Relist: Other.
No progress being made
Customer: replied 3 years ago.

Please relist my question

Customer: replied 3 years ago.
Relist: Other.
Have been waiting for 2 hours with no response
Customer: replied 3 years ago.
Relist: Answer came too late.
No response after 3 hours

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