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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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external cladding has been put on a property I own and has

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external cladding has been put on a property I own and has a tenant, without my knowledge. The tenant informed the initial surveyor that I am the landlord and they should contact me but they returned and told her I knew about it and asked her to sign the form giving permission for the work to commence. The work is being carried out on many properties in the area financed by EDF energy through a contractor, Work is due to commence on one of my other properties soon where they did the same thing. I have asked to see the forms the tenants signed and I have still not seen them. Where do I stand please.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.


The forms the contractors have asked the tenants to sign are simply for their benefit so that they can carry out the work without dispute from the occupiers.

With respect to your position as to the tenants, if they have signed the forms then I very much doubt they would be able to claim against you for a breach of their right to quiet enjoyment.

There will be a covenant by you in the tenancy agreement affording them quiet enjoyment subject to their observance of the tenant’s covenants. This protects them from disturbance/harassment from you or your agent. If they have signed the forms or otherwise not objected to the works being carried out by the contractor then I would expect that they have consented to such works and by implication accepted that such works would not breach their quiet enjoyment.

They would have a very hard time claiming from you in this regard now.


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Kind regards,


Tom
Customer: replied 2 years ago.

Sorry the tenants are not complaining about the work nor any disruption to them . I am concerned that a property of mine has had work done to it without my permission and now they want me to sign a consent for the work after the bulk of it has been completed. It is my legal rights im concerned with.


 

Expert:  Thomas replied 2 years ago.
Hi,

Do you have concerns with the work carried out?

What are you concerns if not with the standard of the work?

Tom
Customer: replied 2 years ago.

They actually blocked off the flue to the boiler for 3 days and only when a visitor pointed out the problem did they cut a piece of the wall out to rectify this they also did not replace a rain water pipe off the building awaiting a replacement they say , for 3 weeks so that water is dripping everywhere and pebbledashed the windows shut. I realise these issues can all be resolved but my main concern is that someone can come along and do major works to my property without my knowledge or consent.

Expert:  Thomas replied 2 years ago.
Hi,

I presume that they will say that they had the consent of the tenant and therefore proceeded. That is not, in my view, the requisite consent that they should have sought.

I would say that if the works are not resolved satisfactorily or you suffer other direct loss as a result then you should sue them for the loss that you suffer. It's unlikely that a big company like that woudl wish to litigate for something which - in the scheme of their trade - is fairly small.

You can only claim for the actual damage and loss that you have suffered as a direct result of their works

In these circumstances I would suggest skipping writing to them yourself. Refuse the sign the consent until the damage is rectified. If not rectified instruct a solicitor to write a letter before action to them detailed their negligence and the damage caused and asking for a sum of money in settlement of your claim.

Needless to say, you shoudl NOT sign the consent until such time as the works and any compensation are settled.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6536
Experience: BA (Hons), PgDip, Practising Solicitor
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