PROPERTY LAW
BUMP IN THE NIGHT
I took a builder to court over shoddy workmanship which meant we were plagued by excessive noise from a neighbouring flat for 24 hours a day. Although I won, the compensation awarded amounted to the equivalent of just £1 a day and the noise problem hasn’t been properly resolved. IT strikes me that no amount of money would have been enough to compensate you for this type of nuisance – especially if the problem hasn’t been resolved. The courts have great difficulty in putting a price on grey areas such as “stress” and “inconvenience.” They’re much better at compensation where facts and figures are involved. If you had engaged an architect to come up with a solution (after first giving the builder the opportunity to put things right) you would have been able to present a costed project to the court.
ABSENT WILL
I HAD a will drawn up by a firm of solicitors. They sent me a copy but not the original. If I wanted the original would I have to pay extra, or pay again? IT’S fairly common practice for solicitors to hold on to the original wills they draw up for safekeeping. However most tend not to keep them on the premises: they either have storage space elsewhere or employ a firm to keep their documents safe. A charge maybe therefore be applicable.
INSURERS SLATED
DURING heavy rain water started coming through a bedroom ceiling. I contacted the insurers, who sent out a claims adviser, and was advised to get a roofer in. The bill came to £480, but the insurers are now refusing to pay out, saying the roofer told them there was no storm damage. IF you look in your insurance policy document you will find words to the effect that you are not covered for the cost of gradual deterioration. If you are convinced that your roof suffered storm damage you should pursue this, perhaps by bringing in your own surveyor who will report that the rest of the roof is in generally good condition. But if the roof merely sprang a leak because it’s nearing the end of its life you shouldn’t expect your insurers to pay for running repairs.
SINKING SLOWLY
I AM a home-owner and have personal debt of approximately £25,000 more than my annual income. I am not struggling to pay my bills, and have had no threats of legal action for non-payment. I have been advised to apply for an IVA, but this may not be a good solution and it may be better to contact my creditors directly. WHILE you’re able to keep your head above water there’s no need to do anything other than spend within your means. Many, if not most, people have debts larger than their annual income. The answer is to try to pay them off gradually and not increase your indebtedness. If interest rates increase and you can’t meet your repayments then you may consider an IVA or other solutions such as selling your home. However, before taking any final step, seek either independent legal or financial advice as there may be options of which you are unaware. »»Call Bromleys Solicitors LLP on 0161 330 6821 or visit www.bromleys.co.uk If you have any legal questions, write to Property Law, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@ lawQs.co.uk