Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have they said why they refuse? Has any damage been caused to your vehicle please?
Does the tenancy agreement say they are required to maintain the road?
Yes. If the agreement does not specify they have to maintain it then they do not. However if they know about the condition of the road and you have informed them (which indeed you have), then your vehicle is damaged, then you may well have a claim for negliegnce.
This is because they know about the issue and their failure to repair the road caused damage to your vehicle.
I realise this does not help the immediate situation but unless there is anything in your agreement you can not force them to do something they are not contractually required to do.
Does that make sense? You would not be able to sue for a theoretical loss only an actual loss.
Then if it becomes impassable then again you would have a cause of action against them.
You should tell them first as they may settle it. Even if they do not if the value of the damage is below £10,000 it would be a small claim and you wont need a Solicitor as you can do it yourseld.
Can I clarify anything about this?
I would write and say that whilst you do not accept the position you reserve the right to bring a claim in negligence against them for any damage caused and that they are put on notice to this.
You write and say if your vehicle is damaged then you will sue them.
You are saying if your vehicle is damaged in future you will make a claim.
Yes if it is below £10,000.
There are fees but these are added to the claim
It is quick if not defended but a few months if defended.
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No, not on that basis.
Does that help?
Can I help with anything else?
You would sue landlord, landlord would sue the owner.
If that answers everything?
Yes that is all you need to say, that is very good and to the point.
You dont need to but take them for your own records.