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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1730
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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On Tuesday, May 05, 2015 11:01 AM EST I asked you (Stuart J)

Customer Question

FOR STUART J ONLY

 

One of the other owners of the storage rooms suggested writing a letter to the owner of the patio requesting this owner repair the leaks. The advocate was saying such a letter is a form of claim. As the owner of the patio is attempting to sell the property, he should be motivated to fix the leaks or pay for part of the repairs. Outstanding claims are discouraging to potential buyers.

I suggested the doctrine of mutual benefit would prevail. The advocate of the letter says it doesn’t matter.

If I was the owner of the patio and know about the doctrine of mutual benefit, my reaction would be to either ignore the letter or call the bluff through a solicitor. However, that still leaves the question about selling unresolved

Is the letter approach simplistic? Somehow it seems too easy. Is the letter really a claim or does it require other formalities, such as registering with the courts? Would we be foolish to write it without legal advice or without asking a solicitor to write it?

Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.

FOR STUART J ONLY

One of the other owners of the storage rooms suggested writing a letter to the owner of the patio requesting this owner repair the leaks. The to-be author was saying such a letter is a form of claim. As the owner of the patio is attempting to sell the property, he should be motivated to fix the leaks or pay for part of the repairs. Outstanding claims are discouraging to potential buyers.

I suggested the doctrine of mutual benefit would prevail. The advocate of the letter says it doesn’t matter.

Is the letter approach simplistic? Somehow it seems too easy. Is the letter really a claim or does it require other formalities, such as registering with the courts?

Could the owner of the patio or his solicitor quickly dispatch the letter with an appropriate reply?

Would we be foolish to write such a letter without legal advice or without asking a solicitor to write it?

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