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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20056
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi there, Two estate agents have put up boards with metal

Resolved Question:

Hi there,

Two estate agents have put up boards with metal cable ties on the corner of my wall in my front garden. The storm on Monday blew the boards and pulled down the wall. One board had been up this way for over 6 months, and I believe this may have wekened a previously solid wall.

Do I have any ground to expect the estate agents to put the wall back up / fix it?

Many thanks
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Stuart J replied 10 months ago.


Yes, absolutely you can ask the agent to pay this.

Even if it is your house that is up the sale, this is negligence
and they are liable for any damage caused as a result of that negligence.



Don't let them fob you off that it is the sign people who are
responsible, it is for them to chase the sign people.



I would get quotes for repairing the wall and if they
subsequently sold my house because it is your house, deduct the money from the
bill.



If it's not your house sale, then just issue Small Claims Court
proceedings (if they do not pay within a reasonable period of time) which you
can do quite easily here www.moneyclaim.gov.uk



Can I help further?

Customer: replied 10 months ago.

Can they say it's the storms fault?! An act of god?!


 


They're mean to be renting the property for me.


 


There are two different boards. One has been up for 6+ months, one has been up for a matter or weeks. Which one would I hold responsible? 50/50?


 


Thank you!

Expert:  Stuart J replied 10 months ago.
they can of course say what they likebut if they choose any fact to fasten what is after all, a huge sail ( as in the sailing ship) to a wall which is really not suitable for it, they are responsible not the wind.
There is a legal test called the "but for test" and applying that test here, but for the agent fastening the sign to the wall, the wall would not have fallen down.
If they were both attached to the wall, and I think they are jointly responsible because one on its own probably have been okay as indeed it was to tip the balance,
it is not a case of it being the second one because the second one would have been fine with the first one wasn't there it seems
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20056
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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