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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I rent a property to a private landlord and there are some

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Hi, my name's Eloise. I rent a property to a private landlord and there are some building works going on next door. A wall has been dug under removing most of the soil, has been checked by the council and deemed unsafe. I am so worried that I am going to take my toddler son and relocate until it's fixed. Do I have to pay my rent? thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, this is my first step.
JA: Where is the property located?
Customer: E58Hn
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I am reaedy, thank you

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Has the Council said the property is unfit to live in?

Customer: replied 2 months ago.
They have said this, I am copying and pasting I hope that is OK
The council has deemed that the wall is now dangerous and needs underpinning urgently.
The danger is not only for the people living at 9/12 Clarence Place, but also to all on-site at your end.
The wall in question is also where our gas and electricity connections are placed, making this even more of a danger to all should the wall collapse and ruptures gas pipes.On his most recent visit, we accompanied Mr Khattak as he inspected the wall on the 9-12 Clarence Place side. He confirmed there was no sign of existing damage on that side fo the wall.
Mr Khattak then invited us to inspect the wall from your development side, where he pointed out where the wall's foundations have been undermined.At this time, he also noted where the ground level used to be pre-excavation, clearly marked by the render on the wall of 9-12 Clarence Place.As the party wall agreement did not document any instability in the wall, or any undermining of its foundations, it's reasonable to conclude that the work carried out by your contractors has caused the issue we are presented with.Mr Khattak has declared the wall is now a danger and has requested urgent remedial work to secure it. Therefore, we are writing to kindly ask you to take the necessary measures to underpin this wall urgently, in order to make it safe again.
As contractors are still on-site, we trust this can be made a priority, especially for their own safety.
Customer: replied 2 months ago.
Hi Jamie, are you still there?

Ok - so it says urgent remedial works, it does not say that you have to move out?

Customer: replied 2 months ago.
No it doesn't say we must evacuate that is my personal choice, does that mean that I still have to pay full rent?
Customer: replied 2 months ago.
But the fact I have a 16 month old son and they've said it's dangerous makes me thing I shouldn't stay there, and therefore I shouldn't have to pay to be there

Sadly yes. You do have a claim for compensation but that would be limited to the % of the property you can not use, ie garden

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks Jamie, that answered my question.

Great.