Small Claims Court question

redrabbit29

My partner and I have gone through hell over the past two years. My freeholder announced plans to do major works costing us possibly around £20k. 
This announcement was just as we had sold and bought a new place. Chain collapsed and we have since tried to sell twice but can't. 

It's now been nearly two years since they announced their intentions. 
Work has not started. It was supposed to start in March 2019, then May, then August, then November and then March 2020. Finally they say summer it should start. 

They've given us wrong information. Most notable two estimates which they now say we're pulled out of thin air. 

My question is around the small claims court 
When this work is done, I will pay and then move out to rent. Just to get out of here. 
I will then negotiate with them and try mediation 
Then ombudsman
If this does not work I feel we have good grounds to claim professional negligence and psychiatric distress and personal damages. 
Our life has been on hold for nearly two years. We want to start a family but wish to move first. My partner has had time off work with depression and we've both had medication. 

My question is: 
Is the small claims court limited to £10k?
Everywhere suggests it is. However then I see the table of expenses and it seems to climb way beyond that. 

We have good case I feel, and I mean even when looking at it objectively and as neutral as I can do.  The freeholder may be very fair at the invoice stage but it's just an unknown. This is all just preparation at this stage and I just want to know my options

Thanks 

Thrugelmir

Professional neligence for what precisely? Is the freeholder undertaking the works or a third party. 

NewShadow

redrabbit29 said:

My question is around the small claims court 

What are you actually claiming for? 

If the works are delayed and you have yet to pay any money towards them - what is your actual monetary loss? 

You can't claim in small claims for a sale that fell though - you can't claim for mental distress or difficulties with selling since the work was announced; you can't claim for estimates being inaccurate given you have yet to pay the money... estimates are estimates. 

Are you sure you're not just adding to your stress and sending good money after bad? 

davidmcn

redrabbit29 said:

I feel we have good grounds to claim professional negligence and psychiatric distress and personal
We have good case I feel

You can't base your legal case on "feelings", it has to be based on the law. What makes you think you're legally entitled to sue for what you propose?

tom9980

You will lose based on what you have written there is no loss. 

redrabbit29

csgohan4 said:

You only have yourself to blame as you bought a leasehold property knowing that you will have to pay freeholder for all repair costs. Whether you were selling at the time of notice is not the freeholder's problem. 

How very sad must your life be to want to speak and reply to me in this manner.  It's been a very difficult two years and many (millions) of people own leasehold properties.  

Feel free to not respond to this, just go about your miserable day.  Thanks mate!  

redrabbit29

NewShadow said:

redrabbit29 said:

My question is around the small claims court 

What are you actually claiming for? 

If the works are delayed and you have yet to pay any money towards them - what is your actual monetary loss? 

You can't claim in small claims for a sale that fell though - you can't claim for mental distress or difficulties with selling since the work was announced; you can't claim for estimates being inaccurate given you have yet to pay the money... estimates are estimates. 

Are you sure you're not just adding to your stress and sending good money after bad? 

Thanks, appreciate your response. This is all a just in case scenario. As this rumbles on we are considering our options

I believe you can claim in small claims court for compensation. There are stated cases to this effect. 

Professional negligence is defined as a service of delivery which fell below what could reasonably be expected. 

They are organising this work. They are supposed to be maintaining the property and managing this project. It's been nearly two years now. It could be 3,4,5,6... (being extreme). My point being is that at some point there has to be some comeback on that. 

I will speak to the independent ombudsman about it too. The freeholder has said they're open to looking at payment caps and also contributing themselves. It could work out well enough but it's hard to predict. 

We've spoken to some solicitors, two of which said there was a case but obviously too early to act on it. My home insurance provider had shown support for it too so the legal fees may be covered in that respect 

BrownTrout

Small claims track is normally up to 10k but higher claims are seen on it
Above 10k and for complicated cases you have the fast track then the multi track with different rules and cost rules

eddddy

I'm not sure that the small claims court is the best route for what you want to achieve.

You seem to be suggesting that your freeholder is incompetent. In that case, the law provides 2 options that you can follow:

1) Apply to a tribunal to get a new manager appointed (to take over building management from the freeholder)
See: https://www.lease-advice.org/faq/what-is-the-procedure-for-the-appointment-of-a-manager/

2) The leaseholders take over management of the building, using 'Right to Manage' - and potentially appoint a management company, if they want.
See: https://www.lease-advice.org/advice-guide/right-manage/


You also mention fairness of the final invoice.

The freeholder should be undertaking a section 20 consultation process with you. The intention of that law is to help make sure that leaseholders are only charged a 'reasonable' amount for building repairs. Your lease should also specify what percentage of the total bill you will have to pay.
See: https://www.lease-advice.org/advice-guide/section-20-consultation-private-landlords-resident-management-companies-agents/ 

AdrianC

Any bets on this s20 consulation being for post-Grenfell cladding replacement...?

NewShadow

I believe you can claim in small claims court for compensation. There are stated cases to this effect.

Yes - Compensation for actual loss. 

So if you've bought a washing machine and it's broken - you can theoretically claim for any repair work, a replacement, the cost of having to pay for your laundry to be done and the time it's taken you to resolve the matter if you had to stay in for plumbers or the like - situations where you can quantify actual monetary losses. 

You can't sue for intentional infliction of emotional distress or negligent infliction of emotional distress in small claims court. 

I ask again - what actual loss have your incurred?