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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In March this year I had my whole fencing replaced which was

Resolved Question:

In March this year I had my whole fencing replaced which was blowing down. My neighbour is renting his property, so I phoned the Letting agent to see who was responsible for the fencing. They did not know but said "rule of thumb" looking out of your back door it is usually the left-hand side. I searched for my legal pack, unsuccesfully, so went ahead and had the fencing replaced at my cost. In July, I was in my loft and found all of the paperwork. It clearly states that it is joint responsibilty, so I took the paperwork into the Letting Agency with the invoice. They have just phoned and said the Landlady is not happy that I went ahead without consulting her first and is reluctant to pay her half. She says I should have spoken to her, but as I have explained, I did try (bearing in mind the only way to her is through the Letting Agents), and as they were not very helpfulcI went ahead before any more damage was caused.
How do I stand?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

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

What was the cost of repair please?
Alex

Customer: replied 1 year ago.
The cost was £600 for 5 fence panel 6x6, 5 posts, nails,screws etc. plus 2 men's labour charges.
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund of half the cost 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 refund 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?

Alex

Customer: replied 1 year ago.
Many thanks for your reply. I will compose a letter this evening and send to the Landlady and see what response I get. Hopefully she will settle without Court Action.Linda
Expert:  Ash replied 1 year ago.

Great. All the best Linda. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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