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Legal matters

dangerous wall

4 replies

MsMcWoodle · 04/01/2018 15:40

Please can anyone help. I am now incredibly stressed and can’t see a way out. I am a long time Mumsnet user but have changed names. I regularly honeymoon in Maui, cancel the cheque, eat naice ham and worry about Mexican house thieves.
We had to rent our house out because of a job change to a different part of the country. We have a nice family living in it with young children.
Over two years ago we noticed that the brick back wall to our small patio garden was cracking. It was immediately obvious that this was due to the pressure from trees in our back neighbours’ garden.
We tried to contact the neighbours by letter to the flat in question – no response. An internet search revealed that the property was owned by a company and rented out to tenants. We wrote to the company and got no response.
Since then the damage has got worse. The stones in our tiny patio are now lifting with the roots and the damage is fast approaching the house. We commissioned a structural survey which confirmed that the wall is now dangerous. We wrote to the company again. This time their managing agent wrote back and said that it would be dealing with the matter. The trees were slightly trimmed back but nothing else has happened. We have been informed that it would be useless to tear down the wall and rebuild as the same thing would happen. The trees need to be removed. We have written to the managing agent again – a month has passed and we have heard nothing.
What can we do? We realise that we will have to get a lawyer involved but as far as I understand we cannot force the landlords to remove the trees – all we can do is sue them for damage when it occurs.
I am so worried about my tenants’ safety – however we cannot just remove the wall because of their privacy and security – also this may make the adjoining walls unstable. We are now looking at having the wall propped up in some way while we fight this, but the contractor cannot guarantee that this will be safe.
Can anyone help/shed new light on this? Thanks

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BritInUS1 · 04/01/2018 15:44

You need to go and see a solicitor and get proper legal advice on this

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AJPTaylor · 04/01/2018 22:55

you will need legal advice but check your buildings and contents cover for legal ecpenses cover

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MsMcWoodle · 05/01/2018 10:32

Thanks guys - yes I will check the insurance but I don't think I'm covered. Can anyone advise on how to get a decent solicitor - what I should ask them etc? I have been in contact with one but have concerns about him.

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AJPTaylor · 05/01/2018 11:01

the damage might not be covered itself but you probably have a legal expenses section which would give you free legal advice. worth a look.

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