Cal S

Registered with Property118.com
Monday 13th February 2017


Latest Comments

Total Number of Property118 Comments: 12

Cal S

17:16 PM, 4th July 2017
About 2 years ago

Scott Schedule Part 36 Offer for Disrepair Claim?

How should I respond to the offer? If will ask for justification/itemisation, but it seems like if I don't refuse the offer at this point that I would be willing at some stage to pay some money? Wouldn't it be better to make my position clear at this stage?

Thanks again... Read More

Cal S

9:25 AM, 4th July 2017
About 2 years ago

Scott Schedule Part 36 Offer for Disrepair Claim?

Thanks for your replies. The condensation in the kitchen was only 1 part of the claim, there were 2 small areas of damp which were repaired (they were never reported to me before all this started with solicitors/surveyors, so I could never have repaired them if I didn't know), and a joist which needed replacing (the surveyor put it down to damp, but on inspection it turned out to be woodworm). I have re-wrote the response based on your advice:

Without prejudice save as to costs:

Your Part 36 Offer is refused in its entirety.

I would request that you both justify and itemise your claim in light of the surveyors report and subsequent repair works at the property. In respect to the 'cupboard' that is separately being claimed for, I would request evidence of this items existence, the damage sustained and evidence of how my property is responsible for this damage.... Read More

Cal S

16:55 PM, 29th June 2017
About 2 years ago

I am being threatened by solicitor using the housing disrepair protocol?

Thanks for your help, would there a good time to call tomorrow?... Read More

Cal S

16:00 PM, 29th June 2017
About 2 years ago

I am being threatened by solicitor using the housing disrepair protocol?

Reply to the comment left by "Clint " at "29/06/2017 - 14:25":

Hi

Thanks for your reply. Is the case still ongoing or is this resolved now? What was the outcome?

These are the people: http://www.peasegoodslegal.co.uk/... Read More

Cal S

9:53 AM, 29th June 2017
About 2 years ago

I am being threatened by solicitor using the housing disrepair protocol?

So after all these months I have an update on this. The tenants solicitor got a surveyor, who confirmed minimal works needed to be done. He confirmed the mould in the brand new kitchen was caused by condensation, not damp. We agreed to the scott schedule he provided, which was for works estaimted at around £1400. 2 small areas of damp downstairs, a joist which had rotted to be replaced (it was actually wordword, not damp in the joist) and to reseal the timber frames externally. We agreed to this as they were very staright forward to do. The solicitor has now come back with a ‘Part 36’ settlement offer of £4000 + £150 for a cupboard that was apparently damaged and had to be thrown away (there is no evidence this cupboard ever existed). Obviously I totally disagree with this ridiculous sum. Does anyone have any experience of replying to Part 36 offers? The solicort is now reminding me I have 21 days to respond or court proceedings will be issued. I completely dispute the whole claim, and honestly believe the Housing Disprepair Protocol doesn’t apply, as I have responded to all reports of damaged well within what any court would class as a ‘reasonable’ time frame. This whole matter arose because of the mould in the kitchen, which their own surveyor proved was condensation, the other matters were never reported until these solicitors got involved, but I repaired as I would of anyway. Have I shot myself in the foot by accepting their ‘Scott Schedule’? Their Scott Schedule was actually a lot less work than my own schedule suggested, but the works I suggested were not required under Section 11 so I guess were not included.

I was going send a very short reply, and save the pages and pages of evidence/explanations for a court defence:

“As you are fully aware from the evidence supplied, the timeframe from which I responded to your client’s initial report of issues with the property and my attempts to arrange inspection and subsequent repairs were well within what any court would consider as ‘reasonable’. Additionally, since the first report I have made numerous well documented attempts to carry our repairs, all of which have been obstructed by both yourselves and your clients for over 6 months. This has undoubtedly caused further damage to my property.
Therefore, your Part 36 offer is refused in its entirety. I would welcome the opportunity to present the facts in court, where I will be counter-claiming against your client for all associated costs. I would remind you and your client that courts take a very dim view of spurious ‘no-win, no-fee’ claims.”

I put a new kitchen in at a cost of over £5k last year, would it be appropriate to say I will be making a claim towards the cost of this, as the surveyors report confirmed the mould was caused by condensation, and so the replacement of the kitchen was necessary because of tenant actions? Or should this be saved for another day?

Thanks in advance for any advice anyone can give

Cal... Read More