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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I am in a disrepair dispute with tenant and have offered a

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I am in a disrepair dispute with tenant and have offered a settlement. They have failed to confirm access for the repairs to take place and it has now been over 3 working days of chase emails through mine and her solicitor
JA: Where are you? It matters because laws vary by location.
Customer: West Midlands
JA: What steps have you taken so far?
Customer: Offered to settle the disrepair claim. Tried since Friday to gain access for repairs. I have a Council report for the repairs and the deadline is 24 November
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sent a notice to vacate in July. This was void as I had failed to secure the deposit. The claim about this has been settled. Just prior to issuing the notice to vacate she notified me of a major leak from the bathroom, so my solicitor has told me it could be considered malicious eviction. She is claiming that repairs she has notified me of date back to 2015. There is one repair from 2019 - a boiler (installed 2016) - which she told me was intermittently working. I tried to get someone out and then she did to - never happened and she didn't remind (I know no excuse). The Council issued a defect report in August with a deadline to restore heating and hot water (I hadn't been notified by the tenant that there was no hot water/heating) - this has been done. There were also other works listed - the majority have been done. There are still some outstanding remedial works - flooring, ceiling cladding, window repair, fix door, refit a shower tray - council deadline is 24 Nov. My husband can carry this out. I have previously been able to deal with the tenant to arrange convenient times for works but now her solicitor is requesting that arrangements need to be made through them. My solicitor notified them last Friday that works could take place this week, however still not response and my solicitor has chased. I also today contacted the Council who said they have left a voicemail with the tenant. My husband has flown back to the UK to carry out these repairs and I am now at my wits end not knowing what to do next

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Hopefully, we can get this resolved quickly.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

You need to read the tenancy agreement and see what it says about access.

If it says 24 hours then you can apply for an injunction for access.

You would need to complete forms N1:

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

And N16a:

https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

The court will set the matter down for hearing and decide whether to grant you an injunction making the tenant give you access.

This should resolve the matter for you.

Can I clarify anything for you about this today, please?

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

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 14 days ago.
Thanks Jamie. My husband is considering knocking on the door tomorrow morning and if she refuses entry then asking her to sign a form confirming refusal of entry

You don't a form saying she has refused entry. The Judge will just ask for confirmation from you.

I hope that helps

Customer: replied 14 days ago.
Could turning up tomorrow be classed as harassment?

Yes, if you have not pre-arranged it.

I hope that helps.

Customer: replied 14 days ago.
Would notification to her solicitor last Friday that my husband is available Mon, Tues, Weds and Thursday class a prearrangement?
Customer: replied 14 days ago.
They have not responded to this despite chases

Yes, you can notify Solicitor.

I hope that helps

Customer: replied 14 days ago.
Thanks Jamie. Have a good evening

You too

You too

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