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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16227
Experience:  30 years as a practising solicitor.
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I would like to lodge a small claim for £5000 loss of rental

Customer Question

I would like to lodge a small claim for £5000 loss of rental income due to the builder taking 16 months to complete work which he said would be completed within 7 weeks of starting
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I have asked him to pay me £5000 compensation but he did not reply
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have an email from him saying how long he estimated the works would take and I paid money into his private account rather than a business account
Submitted: 6 days ago.
Category: Law
Expert:  JGM replied 6 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer. Is there a written contract between you and the builder?

Customer: replied 6 days ago.
Thank you He gave me a price breakdown which was similar to a trusted builder I had used before I asked him when he could start and he gave me a date via email, which was sooner than the preferred builder. I accepted. He replied again via email that he was glad to get the work so I suppose that was a form of contract ??
Expert:  JGM replied 6 days ago.

How was the contract duration agreed?

Customer: replied 6 days ago.
He said he could have the work completed in 7 weeks with no delays. There were no delays and neighbours told me that the workers said they were not 'hurrying up' the job because the owner was abroad (I was working abroad at the time) I have the emails to prove his estimated duration
Expert:  JGM replied 6 days ago.

Thanks. In that case there is on the face of it a breach of contact. If you can prove the loss of rental income by getting evidence from an agent that that is what you have lost then you can raise a simple procedure action in the sheriff court. This is done online from this link:https://www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2 and you do not need to go through a solicitor. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 6 days ago.
OK Thanks As soon as the was signed off by the building inspector this year , it was put online for rent and was rented within 3 weeks from March so hopefully that will prove its rentability It was subsequently rented for 2 years within 2 weeks of the initial renters leaving in July
Customer: replied 6 days ago.
Should I file against the individual or his company? I paid all monies for the restoration work to the individual's bank account
Expert:  JGM replied 6 days ago.

Who was your contract with?

Customer: replied 6 days ago.
the 'contract' email was sent from***@******.*** but all money was paid to David Brown personal account
Expert:  JGM replied 6 days ago.

I see no reference to a limited company on his website. The correct designation would be David Brown trading as Ashton Developments.

Customer: replied 6 days ago.
Thanks
Expert:  JGM replied 6 days ago.

You’re welcome. I hope this helped you today. Please do let me know if I can clarify anything, I am always happy to help. You are always welcome to ask a follow up question.