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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live in a terraced house and our neighbour has a broken

Resolved Question:

We live in a terraced house and our neighbour has a broken gutter which has been dripping for years. This water has now penetrated into our dinning room and the bedroom above causing very damp walls, especially in the bedroom.

We have asked the landlord of the property several times to fix his gutter so we can repair our walls but he is rude to us and has done nothing. We cannot repair our walls if the gutter is still leaking.

Is there has way he can be forced to the repair the gutter. We have spoken to his tenants who confirm that they too have told the landlord about damp walls in the house.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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.

Alex Watts :

Just so that I am clear, do you rent or is it your neighbour please?

Customer:

The house next door to ours is rented out and we have been calling the landlord to get him to repair the rear gutter.

Alex Watts :

Ok I see.

Alex Watts :

What you need to do is get a survey done confirming that the source of the damp is indeed the gutter.

Alex Watts :

You then need to send this to the Landlord and ask that he fix everything within 28 days otherwise you will go to Court.

Alex Watts :

If he refuses then you need to get quotes to get the work done, including repairing the damp and gutter, this forms your loss

Alex Watts :

You need to write and set out your losses and request the work done or payment is made within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 

Alex Watts :

If they do not 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

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.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. You can then use the surveyors report in Court as evidence and can claim the cost of that back

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No this is quite clear thank you only a surveyor costs a lot of money.

Alex Watts :

About £350 but you can add this to any claim against the Landlord.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Excellant

Alex Watts : Thank you. You need to click on one of the smiley faces please!
Alex Watts :

Please remember to leave feedback before you go today

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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