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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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We own an end of terraced property which, as a row of three,

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We own an end of terraced property which, as a row of three, was all flooded in Storm Desmond 6th December 2015.
After the flooding - the council were contacted due to water seeping into the properties due to the blocked roadside drains. (we have pictures of the impacted debris collected in the roadside drains.) The drains cannot cope with excessive water. We have had a neighbour who as a technical Director who deals with Technical issues for New build Properties,has found the underground drainage plan for these surrounding properties.
The property does not have a nearby Lake or River flowing past it.
Our next door neighbour reported seeing a geyser spouting up from the drains due to the impact of so much water - coming down the hill past the properties. We have had the property for three year's now and have had to email the council in the past to empty the drains.
Despite repeated emails being forwarded to the right departments for a response with photographs, we were ignored by the council. No responses' at all.
The property was insured and a frantic three months ensued getting everything dry and back up running again.
Since then in May /June the drains have been emptied - twice.
The council has only responded to the Government grant form we filled in. They responded in a letter that we do not qualify for the government grant which came into force for flooded victims for grants of up to £ 5k
We have now been hit with an increased Home insurance - and we do not qualify for Flood-re as this is a Holiday Letting - and have asked that the council pay for a flood resistant front door to be put onto the property which will cost £ 3000+ to prevent further water seepage into the property.
What can we do to get some sort of a response - as this problem is not going to disappear this winter?
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

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

What is it you would like to know about this today please?

Customer: replied 1 year ago.
What obligation does the council have to make good the drains and therefore help us with compensation.
Customer: replied 1 year ago.
Despite repeated emails being forwarded to the right departments for a response with photographs, we were ignored by the council. No responses' at all.
Customer: replied 1 year ago.
Are you there or have you retired for the day - due to the lateness of the responses?
Can we continue with this tomorrow as my query and subsequent question has not been answered.
Customer: replied 1 year ago.
Good morning
Can we continue ...?
My question is: What are the legal obligations of councils to maintain roadside drains? We have had no responses back from them.
Customer: replied 1 year ago.
Are you free today to discuss this further?
Expert:  Jamie-Law replied 1 year ago.

I am here now. What is it you want to achieve?

Customer: replied 1 year ago.
Would like to clarify if the council have been negligent by doing nothing about the cleaning of drains which will not clear away the water.
Customer: replied 1 year ago.
Compensation for the water levels caused and getting a response from them.
Expert:  Jamie-Law replied 1 year ago.

You need to write and set out your losses and request a compensation 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 compensate 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.
Many thanks for your email. I will carry on with the contract in the next few days with the council.
Many thanks for your help.
Expert:  Jamie-Law replied 1 year ago.

Sure. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 1 year ago.
Does this mean that the council has been negligent?
Expert:  Jamie-Law replied 1 year ago.

Yes they have

Does that clarify?

Customer: replied 1 year ago.
Is there legal term I can use?
Expert:  Jamie-Law replied 1 year ago.

Just that, they have been negligent. What you have to show is:

1) They owed a duty of care

2) They breached it

3) You suffered loss

Does that clarify?

Customer: replied 1 year ago.
Principles of common law - duty of care. Is it a breach of TORT?
Expert:  Jamie-Law replied 1 year ago.

Its the Tort of negligence. But you do not need to worry too much about the principles of law at this stage. That is only where if it goes to Court and you need to make legal submissions.

Does that clarify?

Customer: replied 1 year ago.
Thank you for your email this has clarified this.
Expert:  Jamie-Law replied 1 year ago.

Great, if I could invite you to rate my answer so the site credits me for time spent. Thanks!

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