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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I bought a flat above a shop. The only way in and out is through

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I bought a flat above a shop. The only way in and out is through a staircase at the back of the shop which leads up to a small courtyard where my entrance door is. The courtyard is also the roof to the shop, which has had leaks in the ceiling. The guy who owns the shop had two men come round and asphalt my courtyard. I thought this would be OK initially but when I came back after they had finished is was two different materials. The work in general is very poor and there are parts of it where it would be very easy for me to trip up on. Also my plastic garden furniture sink into it making marks and the black sticky tar comes away sticking to the bottom of the legs of the chairs and table. Half of the material is covered in tiny blue stones which are now being trodden throughout my flat.
I told the guy I wanted it ripped up or I would do it myself and he told me if I did that I would be subject to a big legal battle. Could you advise me please?
Ash
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
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Customer: replied 2 years ago.
I want to be able to take up the asphalt which has been poorly laid on my courtyard without the worry of litigation.
Who owns it?
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Customer: replied 2 years ago.

I do. The lease has a red line around the property that includes the courtyard
Ok what is the cost of making good?
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Customer: replied 2 years ago.

I don't understand the question. I won't get any money out of him I don't think. He said they way if was done was the only way he could afford. I don't want the cowboy builders back on my property. What I need to know is am I in the right? Would he be able to take legal action against me if I tore it all up? If the ball is definitely in my court, so to speak, then I may try to make him clean it up but unless I know that I'm not sure what to do. Would is be worth going to the police and asking them? I wasn't sure if they would want to get involved. But at least that way I might get an answer that doesn't sound like it was shaken out of a magic 8 ball.
Just to be clear, he put it down? Is he the landlord?
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Customer: replied 2 years ago.

No, he is the owner or manager of the Subway sandwich shop. I bought the flat above it.
Ok. What is it you want to achieve ?
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Customer: replied 2 years ago.

This again, really? I'm not actually talking to a real person am I? I am totally unsatisfied and think we should just end it here.
I am real. I just don't know what you want to do. Get it out right, compensation etc
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Customer: replied 2 years ago.

I want the asphalt to be taken up and the terrace area put back to how it was.
You didn't answer any of my questions in my previous posts.

What I need to know is am I in the right?

Would he be able to take legal action against me if I tore it all up?

Would I be able to take action against him?

Would is be worth going to the police and asking them?

I'm attaching the plan of my flat on the lease and schedule 1.Image 3 Image 1Image 2I'm not sure

Attachment: 2015-08-24_092135_untitled.pdf
What I need to know is am I in the right?
Yes you are correct. It should have been done to a proper standard
Would he be able to take legal action against me if I tore it all up?
Yes, this would be criminal damage
Would I be able to take action against him?
Yes, you can seek a Court order making them take it up and either restore it back to what it was or the cost of putting it right/laying new
Would is be worth going to the police and asking them?
No, this is a civil matter.
Can I clarify anything for you about this today please?
Alex
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Customer: replied 2 years ago.

What would be my next step then if I was to seek a court order?

Is there a particular one I can ask for?

I've had a quick look online but they all seem to be based around relationships and custody of children.
You would need to get a Solicitor to write first. You are asking for a Court to order specific performance, that they do something. In this case reinstate or make good the work.
Does that help?
Alex
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Customer: replied 2 years ago.

OK, yes, Thanks.

If this answers your question could I invite you rate my answer before you leave today.
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Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
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Customer: replied 2 years ago.

If I take this to court is there a chance that I could be made to fix the leak, bearing in mind that I have been arguing that it is my property?
No, if they tried it then they should have made it good!
Alex
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