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Windsorcastle

moneyistooshorttomention wrote: »

Definitely the best bet IMO. Say it costs a couple of hundred £s - but it helps resolve the issue ....then it would be money well spent in the circumstances.

Wishing you good luck with resolving this.

Thanks for the thoughtful and kind advice. Much appreciated.

DaftyDuck

Just be warned, if you involve a solicitor, that would count as a dispute that you'd surely have to declare on selling the house. Might not be the best route...

Madmel

Can you not send each of them a rental invoice for your parking space for 16 months? After all, you have been deprived of it so it might be a useful bargaining tool. Ask local EAs how much an offroad parking space costs or adds to a property and go from there.

moneyistooshorttomention

Windsorcastle wrote: »

An interesting twist! Thanks for this.
I have booked an appointment with a solicitor at 3pm today to discuss the whole matter so we'll see what he comes up with and will post.

Hope it went well at this appointment - guessing it's finished by now and he/she has enabled to get the position clear in your mind as to the best action to take.

Re the fact that next door's building is putting yours under additional stress - then the advice I've had before now in a similar situation was to ask verbally, then ask in writing, then send them a solicitor type letter (written by me - rather than by the solicitor themselves) stating that they were putting my property at risk and what I required them to do and with a deadline for action. The purpose of this letter was in order to have copies of these letters that I could keep and hand to my insurance company should I ever have to put in a claim because of the neighbouring property (in order to facilitate my insurance company getting their insurance company to pay up and to put pressure on the neighbouring properties owners to put the matter right at that point). Though, obviously, I hoped it would also get the matter put right at the time as well - but these requests have served a useful purpose anyway, even though they were ignored (as I expected:cool:).

Because the "solicitor" letter came from me - rather than the solicitor themselves - I was told it "doesn't count" as a "dispute" officially. The solicitor told me I am quite capable of wording such a letter myself and didn't need them to do it for me:rotfl::rotfl::D

edit: just seen I crossposted with you. Well...just as well to have that letter sent by him then in the event and I'm guessing that hopefully it wouldn't "count" as a "dispute" in the event of sale anyway - as it seems to be possible to prevent much anyone and everyone finding out about "official" action with that recent privacy law (tries to remember the one that is used by officialdom to deny information to "interested parties"......). Data Protection Act - that's the one I mean...

grifferz

Windsorcastle wrote: »

He thinks it is very clear cut that landlord and MA are out of order on a number of counts - obstructing my parking space, and causing harm to my property being 2 of them.

He is drafting a letter now. However, am still very stressed because it's not just as simple as knowing I'm in the right is it??:wall:

Sounds encouraging though. Solicitors are normally quite pessimistic.

Windsorcastle

Managing Agent emailed me a formal letter today to confirm that they have paid the insurance excess today and will be arranging a start date for the works as soon as possible. I was so relieved I felt like crying! I'll believe it when I see it but at least I have that in writing should there be any more funny business.

The moral of the story is that you need to stay calm and write to people in very professional and stern terms with a clear deadline, to elicit a response.

Thanks to everyone for your replies, these forums are a godsend and I would be lost without everyone's wisdom, advice and sympathy. Thankyou one and all. :T

Errata

Have you spoken to anyone at your local council about this ? I'm sure I've read/heard somewhere a council can serve an enforcement notice on householders which requires them to repair their property within a timeframe or the council will do it and charge them.

Windsorcastle

Errata wrote: »

Have you spoken to anyone at your local council about this ? I'm sure I've read/heard somewhere a council can serve an enforcement notice on householders which requires them to repair their property within a timeframe or the council will do it and charge them.

Thankyou Errata. Does this apply to private property though? I'm not sure the council will get involved in private property matters but I'll look into it.

Errata

Windsorcastle wrote: »

Thankyou Errata. Does this apply to private property though? I'm not sure the council will get involved in private property matters but I'll look into it.

Yes it does. This council site has info on it http://www.wirral.gov.uk/my-services/environment-and-planning/building-control/dangerous-structures/frequently-asked-questions

PasturesNew

It sounds to me like they are saying: "You're not covered for subsidence, we're returning your excess because there's no claim you can make. You'll have to pay for it yourself. Good luck."