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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased my upstairs flat on 2nd September (with a roof

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I purchased my upstairs flat on 2nd September (with a roof terrace) and on 18th October scaffolding was erected and on 4th November the hand rails were removed and now I can no longer use that space. I am appalled with my conveyancer because he didn't address questions I asked him on payments to the freeholder months and although he has asked forgiveness I cannot bring myself to use him again. I rang GMB unionline today and spoke to someone who said that I should take up a formal complaint before going to court. She suggested making formal complaints about both the solicitor AND the Estate Agents but I don't have enough energy this ongoing.
The Estate Agents that sold me the property enhanced the beauty of the roof terrace on selling it to me. I wonder now if I could sue them -selling me the property under the Consumer Protection from unfair trading regulations 2008. I need railings outside as I have 2 young children and they would fall to their death if they ventured out there and leaned over.
The freeholder is extremely clever and is now saying that the responsibility is mine if I would like to re-erect handrails. This is wrong! He is contravening the Buildings Regulations K by having removed the handrails and decided at that time that the responsibility was his outside space. Reading all the paperwork and emails that have gone before I feel that he's cross that the previous incumbent didn't use one of his chosen professionals to erect the handrails to begin with.
My [previous] conveyancer said that the freeholder can act on a whim. As much as I want to concentrate on a positive solution going forward I feel so cheated by this whole situation and bought this flat in good faith but now feel that the value has decreased so much and I don't have the resources to replace the handrails or instruct a solicitor to start again from scratch in a new fight (after only having finished getting through the fight of divorce!)
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : To confirm they removed the railing?

Yes the railings were removed on 4th November 2014. A local builder was used employed by the freeholder - my landlord. They left the railing laid to one side on the roof space idle now.

Alex Watts : Do you know the cost of putting right?

No but I am keen to discover this. I have spent some time looking at websites but haven't made any appointments yet. The builder who removed the rails does not do the required work to replace them. He suggested a metalworker. I don't know any of this sort.

Alex Watts : Ok. I would get a number of quotes to get the work done, this forms your loss.
Alex Watts : You need to write and set out your losses and request the do the work or refund 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
Alex Watts : If they do not then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : 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.
Alex Watts : 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 .
Alex Watts : Can I clairfy anything about this today please?

thank you. Would you suggest that I request the freeholder pay my losses or the Estate Agents?

Alex Watts : Freeholder.
Alex Watts : Does that help?

Thank you.

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