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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2568
Experience:  Solicitor
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How do I calculate injury to feelings? I am a leaseholder.

Customer Question

How do I calculate injury to feelings? I am a leaseholder. The managing agent's staff have come onto my property and mowed down my garden, not once but twice in one week. This is the second time this has happened to me and it i very distressing to comme home from work and find someone has decimated my garden. I am a very keen gardener and have spent a lot of time and money on my garden. i can estimate the plant costs but don't know how to make them pay for the distress they have caused me.
Submitted: 6 months ago.
Category: Property Law
Expert:  Jamie-Law replied 6 months ago.

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

Have you been to GP as a result of this please?

Customer: replied 6 months ago.
No, I do have an employee assistance programme where i work and they offer counselling over the phone. However, I guess you are looking for some evidence of my distress?
Expert:  Jamie-Law replied 6 months ago.

yes. Do you have any evidence of this?

Customer: replied 6 months ago.
Well I haven't been to the doctor. I have my irate emails to the Housing Association. Nothing medical though
Expert:  Jamie-Law replied 6 months ago.

ok. Then at most you could claim a few hundred pounds to £500.

Unless there has been a recognised illness or injury the courts are not likely to compensate you simply for distress.

So it would be a few hundred pounds to £500 at the very most.

Can I clairfy anything for you about this today please?

Customer: replied 6 months ago.
That's great....thank you for the clarification. The last time it happened I went through the Small Claim Court and demanded £700 which did not include injury to feelings but did include the replacement for fully grown, mature plants. I finally settled for £400. I will push for something around this amount as they have really destroyed plants and cleared the ground. Do you think this is reasonable? I have to get something going soon as the weeds will take over and that will just add insult to injury!
Expert:  Jamie-Law replied 6 months ago.

In reality it should be a recognised condition of it goes to court. But they may settle on a commercial basis.

Does that clairfy?

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2568
Experience: Solicitor
Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 6 months ago.
Many thanks.
Expert:  Jamie-Law replied 6 months ago.

All the best.

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