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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Odd and expansive question We lease a garage workshop (for

Resolved Question:

Odd and expansive question
We lease a garage workshop (for about 25 years).
There is on the same site a petrol station.
About 5 years ago the freeholder took over the running of the petrol station set up a ltd company with his daughter refurbished the petrol station and site.
During the refurbishment all the electrics were re done new shop fittings etc.
After a period of time the freeholder found the petrol station was unviable.
He closed the petrol station and rented the forecourt space to some drive in “while you wait car washers”
About a year later there was a drugs raid. The car washers had set up a drugs growing factory in the storage room and tapped in to our electricity system.
They had tapped into our electricity meter (that is in the storage room of the forecourt)
During the process of sorting the illegal tap on the electricity the electrician highlighted that some of the forecourt (petrol station) had been wired into our (the garage workshop) electricity.
It transpires that when the petrol station was re fitted by the freeholder the contractor had wired some of the petrol station electrics in to our (the workshop garage) electrics.
There is a legal case in progress by ourselves against the car washers (and there illegal tap).
But this leaves the incorrect wiring from the shop refit!
We need to know who we have a claim against.
We don’t know if the re fit was done by the free holder or the free holders ltd company
Is it the free holder?
The free holder’s ltd company?
The electrical contractor?
What would our chances of success be?
We have 2 independent electricians’ reports photos.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know who commissioned the work, was it the freeholder or freeholder ltd company?

Customer:

We don't know.

Customer:

Sorry, We don't know. we don't know if the work was done buy the freeholder and then the ltd company was set up, or the other way around.

Alex Watts :

Ok - then what you need to do is make an application to the court using form n244 to bring in both the freeholder and the Ltd company

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There will be a fee of £45

Alex Watts :

But you should join all those possible.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex, What is the n244? do you suggest that we would be successful in action?

Alex Watts :

N244 is the application for you need to send to Court to add additional Defendants.

Alex Watts :

Did you read my advice above? I suggested making a formal application to Court to add the freeholder and Ltd company

Customer:

Did you read my question?

Alex Watts :

Yes do you have a case against the limited company or freeholder.

Alex Watts :

You do not know who did the electrics and therefore you need to apply to the Court to add BOTH into proceedings.

Alex Watts :

Does that help?

Alex Watts :

Or have I missed something you have said in your question?

Customer:

Sorry Alex, I have read your answers. can I take "all" party's to court on the same issue, or do I have to take only the party who is responsible? Who is responsible? Many thanks

Alex Watts :

You can take all parties and the Judge can sort out who is responsible.

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