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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My94 year old mum lives in a flat operated by a housing association,

Customer Question

My94 year old mum lives in a flat operated by a housing association, Sheltered housing as was termed..
Within her lease is written:-
That the lessor " will employ at least one Warden"
Also :-"To supervise the day today administration of the estate including the efficient working of the emergency alarm System."
"To answer emergency calls and to summon emergency medical help or other necessary help as the case may require and to give general assistance in case of accident or illness until medical help or the assistance of a relative can be obtained."
"To maintain personal contact with Lessees of the estate so far as practicable"
" The lessor shall not be obliged to procure the provision of such services ( other than the provision of the warden and the warden's services and the emergency alarm system) at any time on Saturdays and Sundays or on any day set apart as a general holiday or nonworking day nor before eight am and after seven pm on other days"
Until recently they visited each day performing a Welfare visit to each flat within the complex, unless specifically asked not to so, on all days except bank holidays. Its a long story but now they have refused to call on Saturdays.
Can you advise, have I got a good case to force them to visit on Satutrdays?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Yes you have a case.

Alex Watts :

They state that they provide this service on a Saturday.

Alex Watts :

They are not doing this.

Alex Watts :

This is breach of contract/. So you can sue and damage

Alex Watts :

So yes, you sound like you have a good case

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-py1gwopd- :

Thanks this what i thought.i

JACUSTOMER-py1gwopd- :

They have Ballotted the other 19 flat holders to the extent that the service charge will be reduced if they agree to not having the Saturday call. Of the 15 who responded , 10 said no visit, 5 said please visit. I have said that I am not interested what others want ( they will want it as they get older and the longer is is not performed, the more difficult it would be to reinstate.). I am also concerned about the other 4 people who have no one to represent them. Am I still in order to press Saturday visit?.

Alex Watts :

Yes you are

Alex Watts :

Does that help?

JACUSTOMER-py1gwopd- :

Yes thanks will I get these replies from ypou on email?

Alex Watts :

Once you rate the format changes so you can save it

JACUSTOMER-py1gwopd- :

Thanks Over and Out

Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Can I sue performance?

Expert:  Ash replied 2 years ago.
That would take it out of being a small claim and if you lose reason you would be liable of the other side.
But in theory you could
Alex
Customer: replied 2 years ago.

very good advice Thank you Alex

Expert:  Ash replied 2 years ago.
Happy to help!
Alex

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