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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 18726
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello Three years ago we bought a 4 bedroom detached house

Resolved Question:

Hello

Three years ago we bought a 4 bedroom detached house off Bloor homes. Within a year the houses next to us on the estate started showing cracks in fact the people renting them were moved out and the owner had them bought back of him from Bloors. Our garden is showing signs off sinking but have been told our house is fine. Although they are going to redo the whole garden. The problem I have is we are not happy now in the area as it has been reverted back to a building site for the last year and a half. Also surly living so close to the properties that still have no one living in them, our house price if we sell must be effected ??? If so can I take Bloors to court for stress caused and possible loss in value

Thanks in advance for any help

Jamie
Submitted: 10 months ago.
Category: UK Law
Expert:  Stuart J replied 10 months ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Will this resolve eventually? What is the loss in value? How is that calculated? Valuer?

Do you mean that Bloors bought them back from the owners

Customer: replied 10 months ago.
The properties are still being worked and our back garden is to pulled up. There is no guarantee it will be sorted out. Either way we have had 2 years off building site not the new build we moved into. Yes Bloors bought them back from owners as they were unsafe to live in. I've not had our house valued it was bought for 187000. So untill the houses next door our actually put back on market we will not know. Who would buy a property were the surrounding area of 100 meters to the right and behind has had so many problems ??? This the issue
Expert:  Stuart J replied 10 months ago.

Have you contacted NHBC?

How many homes affected? How many not?

How many people feel like you do?

Customer: replied 10 months ago.
Yes they do not cover loss of value , just property damage. So as our house apart from the garden damage has not been effected apart from a couple off cracks on the rendering . Yes 5 people have been effected by the sinking gardens but we are the closest to the damaged properties in question . The houses on the other side off them our renting, so has no financial effect
Expert:  Stuart J replied 10 months ago.


I think you
have to assume that since you bought the property, in the current market it has
risen very little if anything in value but has not dropped.

What you
need to ascertain therefore is how much it is worth now and how much it is
worth (with its history) when all this work is finished.



Check your
house insurance to see if you have legal expenses cover that would pay for the
cost of any litigation.



Once you
have the evidence you then a strong position to go to the builder to claim
compensation in blight.



If they don't
roll over, you are faced with court and that litigation would not be risk-free
and would certainly not be cheap.





Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer service (even if it was not what you
want to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 10 months ago.
I'm am happy with info you have given me and will rate accordingly but one more thing what sort off lawyer do I hire for this type off work. As I don't seem to be finding anyone who deals with this type off case .

Thanks
Expert:  Stuart J replied 10 months ago.


Surprisingly enough, it is
probably not a property lawyer you need but more likely to be someone who deals
with building contracts. It might be worthwhile contacting barristers chambers
and speaking to the clerk and asking if any barrister in the chambers anyone
does Direct Access and deals with this kind of matter. The barristers clerk will
know exactly who deals with what. The first thing you need is an opinion as to
your likely chance of success and as, if this goes to court, you are going to
need a barrister, you may as well (at this stage at any rate) save the
solicitor's money and go straight for the barrister's opinion. The barrister
says that in his opinion it has no chance of success or, limited chance, at
least you know.

The barrister may be able to
suggest a solicitor could deal with it for you.



Unless you have money to pay
for the legal costs in the event that any claim that fails, you are going to
need insurers to cover the legal costs and this is arranged by the solicitor.



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer service (even if it was not what you
want to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 18726
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Law Specialists are ready to help you

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