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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Jo, We recently bought a rather dilapidated terraced cottage next to a country pub own

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Hi Jo,
We recently bought a rather dilapidated terraced cottage next to a country pub owned by the landlord but operated by his tenant. The common chimney needs £6,000 of urgent work on it, since it has deteriorated over many years, and we now have water leaking into the house, and our roofer is saying he cannot complete the roof rebuild until the chimney is fixed.
The owner of the pub building says he has a (1 year old ) contract with the tenant that is a full repairing lease, and therefore will not meet any costs. They are the tenant's responsibility. The tenant is struggling, and will have extreme difficulty paying anything. What do we do - any advice would be welcome! Mike
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
It seems unfair that the chimney must clearly have been faulty one year ago when the lease was signed!
Customer: replied 1 year ago.
well its 13 hours now.... I do hope someone will look at this!
Customer: replied 1 year ago.
Now its 23.5 hours - I DO HOPE someone will answer me soon, since its always less than a day!
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
What is going on? You invite me into a contract where in exchange for £38 from me, you will provide advice always within 24 hours, usually in ten minutes.
It is now nearly 33 hours since I paid, and you have not fulfilled your side of the bargain.
That is 195 periods of 10 minutes. Why can't you reply "usually" in just one of these?
Just Answer is about to get a real send up in the national press!!!
Expert:  Nicola-mod replied 1 year ago.
Hello,
I am sorry you were not happy with the lack of response. We had simply marked your question as High Priority to let our Experts know that you wanted an answer urgently.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola!
Well of course it depends how long I have to wait!
A few more hours after the 24 you guaranteed - maybe
A few days - no.
But you didn't say that you expected 24 hours, you guaranteed it....
Mike
Expert:  Ash replied 1 year ago.
Hello Mike my name is ***** ***** I will help you.
Have you had a survey to confirm that it is urgent please?
Alex
Customer: replied 1 year ago.
Hi Alex,
The professional roofer who is re-roofing our roof says it is "shot" and he cannot complete the re-roof till the chimney is fixed. The builder who is renovating the house agrees. They refuse to take the roof any further unless they are allowed to fix the chimney first.
Mike
Customer: replied 1 year ago.
...this means that the roof is only partially covered with slates, the rest having only a temporary tarpaulin.
In addition, one of our roof purlins (horizontal heavy beams supporting the roof) is charred on the end, where it has been exposed to heat from the open fire in the pub, because of the deterioration of the chimney. This is a fire risk.
Expert:  Ash replied 1 year ago.
Ok, you should perhaps consider getting a proper survey done as this may need it for Court.
However you would sue the owner of the property next door and the owner would sue the tenant for the sums.
You need to write and set out your losses and request 50% of the funds to repair within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you 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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thanks Alex that is very helpful>
One question - if the lease of the pub is indeed a "full repairing lease", would the tenant be obliged to meet the cost, even though the deterioration could not have solely occurred in the 12 months since the lease was signed?
Mike
Expert:  Ash replied 1 year ago.
Yes Mike I think the tenant would.
Does that help?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
OK thanks for all your advice Alex!
All the best
Mike

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