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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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I wonder what my rights are, I moved into a new Retirement

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I wonder what my rights are,
I moved into a new Retirement Village on the 31st July last year, having brought the property a year before ( off plan) being disable I paid an extra £13500 to have a wet room installed and some changes to the kitchen.
The kitchen was fine but the wet room was not built properly, every time I shower the bathroom floods, because the floor is flat and not sloping towards the drain, I have phoned Audley homes a number of times and even gone above the local managers and sent letters and emails to Audley head office, without a reply, but still the faults have not been fixed.
Can I get my own builder/ plumber to do the work, and take there charges out of Audley Home monthly service charge of £750. As they are not deal with this problem.
Many Thanks for any advice.
David Samueld

1. Dear *****, yes you can carry out the works yourself and then set the sums spent in carrying out the works against any service charges due to Audley Home. This is because you have a right to set-off any monies owing to you under the Home sale Agreement with the charges being incurred as service charges with Audley Home. The law gives a right of set-off wherever there are mutual claims which end in debt and which form part of the same basic agreement. So, here you can set the claims off. Accordingly, you should get your own plumber or builder to fix the issue with the egress of water in your bathroom and then deduct the sums due to you from the monthly service charges.

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