Suing chartered surveyor possibly?

MovingForwards

You can only have one bite of the cherry with court proceedings. You can't issue them, lose and then have your solicitor do it.

Why would you need a hotel, it doesn't take days to out a staircase in. 

Good luck and remember if it's not a small claims case and you lose, you're paying the surveyors legal costs and associated fees.

Irishpearce26

garnelle said:

Once again thanks to all for your input.

In response:

Riser 230mm - Tread/Going 190mm = angle of incline 52 degrees - I think?

I had no idea that there were so many deaths relating to Asbestosis - 5000 per annum- the vast majority of which were contracted in an industrial/workplace environment.. A terrible tragedy.

Staircase building regulations perhaps in some way are drafted to contain/reduce the annual toll of 800 stair related deaths and reduce the number of staircase recorded accidents - slips, trips and falls - of some quarter of a million.The vast majority of which take place in a domestic/institutional environment.

Unfortunately my wife has a hip condition that is aggravated by descending the stairs in a 'side ways fashion' so living with this is not an option.

The good news is that a solicitor who is experienced and successful in this field, having read my Homebuyers Survey has agreed to take on my case on a 'No win no fee basis' subject to an 'expert witness' report confirming my measurements and I to cover this cost of £408 inc. 

 Also they will charge approx 20% of the final award/damages. Their opinion is that my original estimate is far too low. They suggested numerous costs that I had not considered such as hotel accommondation, food and beverage items, laundary charges  plus numerous additional buiding works etc.

Having read the relevant RICS Professional Statement and discussed my case with the solicitor I am tempted to follow the MCOL with the objective of saving approx £2500 in legal fees. Perhaps current Covid related sentiment could play in my favour re not viewing?

Could anyone advise me that if I lose this case would it then have an adverse affect should it decide to go to the County Court an a NWNF basis?

I will keep this thread updated subject to NDA linked settlement that the NWNF solicitor feels is the most likely outcome of that course of action.

Thank you once again.

I bet you still think the Easter bunny is real.

I cant see how you have a claim here, you had every opportunity to view, you had a survey done and because the stairs aggravate your wife's hip issues you think you have a right to claim against modern regulations on an older house.

Jesus, Mary, Joseph and the wee donkey!

Sunsaru

I'm sorry but I'm still confused as to why you are suing the surveyor.

niceguyed

I can only comment that I completely agree with everyone's sentiment. I am certainly intrigued a NWNF solicitor has taken this on, I'm wondering if this is some sort of conditional fee arrangement badged as NWNF. It also seems like the CS hasn't missed a defect but your claim is they should have pointed out the stairs do not meet current regulations. 
I'd be staggered if you get anywhere with this and can only see you losing time, money and stress in out of pocket expenses. It's interesting you're willing to go to so much trouble in this action but weren't willing to take practical, common sense measures others have pointed out to mitigate or prevent this from happening in the first place. 
But I will certainly follow this thread with interest! 

poolboy

I have bought 2 properties without viewing but know the blocks well, having viewed a neighbouring flat before.  I got a friend to view the first one, had a survey done by a trusted colleague who sent loads of photos.  Second one I took a bit of a flyer on but still had a survey, same chap.

Still got them 15 years later, bought with tenants in situ.  One tenant is still there after all this time so I suppose I was lucky.

First one I later found out the estate agent staff were running a book on whether I would actually complete on it unseen.

Really nice flats, to op save the 400 quid and get on with enjoying the house.

MaryNB

SpiderLegs said:

This thread could turn into an all time classic.

I really hope OP posts about the outcome. Hate when these kinda threads are left unresolved.

SpiderLegs

MaryNB said:

SpiderLegs said:

This thread could turn into an all time classic.

I really hope OP posts about the outcome. Hate when these kinda threads are left unresolved.

I want to know who the solicitors are.

Thrugelmir

garnelle said:

I had no idea that there were so many deaths relating to Asbestosis - 5000 per annum- the vast majority of which were contracted in an industrial/workplace environment.. A terrible tragedy.

Be plenty of asbestos used within materials in a 1960's built house. 

hazyjo

SpiderLegs said:

MaryNB said:

SpiderLegs said:

This thread could turn into an all time classic.

I really hope OP posts about the outcome. Hate when these kinda threads are left unresolved.

I want to know who the solicitors are.

Tonto & Partners 🤭

OP, good luck. You'll need it. It's like me saying the kitchen is blue and I wanted a white one. Absolutely no more legal obligation to tell me that than that the stairs are steep. Did he even know you'd not seen it? Why didn't you get a buildings survey?

Not a leg to stand on...

Ditzy_Mitzy

Hang about, hang about, slam on the brakes and, when stopped and the dust has settled, read what you've written once again @garnelle

Your 'no win no fee' solicitor wants you to pay Joe Bloggs, expert of this parish, four hundred nicker for completing a report.  What sort of report?  You say yourself it's one to confirm the measurements of the staircase.  With what?  A tape measure, more than likely.  Is it diamond encrusted?  Does he travel in a barouche landau drawn by a pair of high stepping grey mares?  That might be worth £400.  But he doesn't.  Joe Bloggs travels by car and uses a perfectly ordinary tape measure he bought at B&Q.  His report is worth diddly squat and £20 odd covers his time.  He's also the solicitor's nephew, but that's not important right now.  Except it is...

The only function of the £400 'report' is to allow the solicitor to suck her teeth and say 'sorry garnelle, I can't proceed' when she gets it.  You are poised to be done up like a kipper.  Stairs are stairs.  Their size is a matter of fact.  You do not need an expert to confirm it, ergo the recourse to an expert is a warning sign.