Landlord and Tenant Solicitor London W1

LANDLORD AND TENANT SOLICITOR LONDON W1

CLAIM AGAINST THE COUNCIL, YOUR LANDLORD OR YOUR FREEHOLDER FOR DEFECTS TO YOUR PROPERTY

Please contact Andrew Veitch for an initial no obligation telephone assessment of your dispute with your landlord, the Council or your local authority. Andrew Veitch is an experienced and highly recommended solicitor in London W1 and will aim to obtain the best possible legal outcome of your dispute or claim against your landlord, the Council or your local authority.

The case of Begum -v- Birmingham City Council [2015] EWCA Civ 386 relates to a successful claim by an ex-local authority tenant who purchased a property from the Council under the “right to Buy” legislation for the defects the property suffered from.

Ms Begum purchased her house from the Council in 2003 pursuant to the “Right to Buy” provisions of the Housing Act 1985. Subsequently cracking appeared in the rear extension of her property. The building insurers refused to cover a claim against the buildings insurance policy on the basis that the damage caused by the cracking was a pre-existing defect.

However, Ms. Begum was successful in her claim for breach of statutory duty under Section 125(4a) of the Housing Act 1985. Where a tenant has claimed a “Right to Buy” the local authority needs to serve a notice on the tenant containing certain prescribed information. Section 125(4a) states, “The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house all the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease”.

The Court ruled that the local authority was aware of a defect relating to lack of wall ties between the rear wall and the neighbouring property and thus was under a duty to disclose the defect in the notice to Ms Begum prior to her purchasing the property. Therefore the council was also in breach of its statutory duty for the cracking of the walls in the rear extension. The Judge ruled that if the Council had informed Ms Begum of the defect to the lack of wall ties prior to her purchasing the property Ms Begum would have insisted on this defect being rectified prior to her purchasing the property. Accordingly the court awarded Ms Begum £71,000 for the costs of the remedial works to the property and general damages for inconvenience in the sum of £11,500.

Please feel free to telephone Andrew Veitch to discuss any potential dispute with your landlord, the Council or the local authority in more detail or email Andrew Veitch summary of your dispute so that he can assess your needs and requirements before speaking to you.

E-mail: andrew@guyclapham.com

Tel: 0207 935 1095

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster,  London W1G 8NH

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