About Me

London W1, West End Marylebone Westminster, United Kingdom
Andrew Veitch solicitor ( LL.B., M.A., PgDip )is a partner in Guy Clapham and Co solicitors. He deals with the following areas of law: commercial and residential property, conveyancing, litigation (including neighbour disputes), divorce, family, debt collection, landlord and tenant, wills, trust, probate, personal injury and employment. Andrew's clients range from large companies and property developers to local businesses and individuals throughout London and the whole of England and Wales. The office is in the West End of London just off Marylebone High Street and north of Oxford Street and is located within walking distance of the following tube stations: Marylebone , Marble Arch , Baker Street , Bond Street , Oxford Circus , Great Portland Street , Regents Park , Euston and Kings Cross. Please contact me at: Guy Clapham & Co solicitors 51 - 55 Weymouth Street Marylebone London W1G 8NH DX: 83300 WEST END 2 Tel: 020 7935 1095 Fax: 020 7935 9127 E-Mail: andrew@guyclapham.com Website: www.guyclapham.com

Thursday 18 June 2015

Landlord and Tenant Solicitor London W1



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.

Tel: 0207 935 1095

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

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

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