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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

My daughter and her husband own a property in Derby. Their

Resolved Question:

My daughter and her husband own a property in Derby. Their neighbours are renting their poperty via a Landlady.
Bewteen the properties is a passageway which is owned by my daughter and her husban but the neighbours have access.
As the passageway extends into the rear garden of the properties both had brick walls for their respective boundaries with the passageway in between them.
Recently damage was caused to the neighbours wall causing it to collapse. In doing so it fell onto the boundary wall of my daughter property and caused it to collaspe.
My daughter has made contact with the Landlady regarding this but she has been evasive regarding liability. The Landlady has indicated her insurance will not cover the damage caused to my daughters wall. Cost of replacement is in the region of £1000.00.
Can you please advise what action my daughter can take regarding this issue.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

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

Alex Watts :

There is clear liability on behalf of the Landlady.

Alex Watts :

Clearly this is an accident and no-ones fault, but it was the Landlady's wall and therefore it caused damage and she or her insurance must cover this.

Alex Watts :

You should get a number of quotes for getting the work done - pick the cheapest as this forms your loss

Alex Watts :

You should to write and set out your losses and ask for a payment within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Customer:

At this present time it appears you have answered the question fully and to our satisfaction.

Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Alex,

I was extremely pleased with your response and I have given you an excellent rating.

Expert:  Ash replied 3 years ago.
Thanks. I think the requests are system generated.
Ash and other Property Law Specialists are ready to help you