03/04/2012 9:24 pm
I am in a particulary precarious position with my landlord who is a local authority. I currently have a suspended case in the court for negligence because of their continued failings to carry out work, and in particular, to one that is vulnerable.
Currently, I have been told that any Planned Maintenance will not take place until the work that is to be finished off regarding the above matter. However, having had a Single Joint Expert (Impartial Witness) involved; who is now partial because work has been acting on the local authority's instructions - they are not prepared for the cyclic maintenance program to be assessed for my home. There are many problems in my home, including broken back gates/a back door in poor condition and a toilet cistern which was drilled into containing asbestos.
I would ask for any advice that someone may have and/or advice to taking legal recourse including court orders if this is necessary - I am in a very difficult position and do not know what to do without further inflaming further the difficulties with my landlord.
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27/04/2012 1:42 pm
This may need checking with our legal expert. But in the first instance it would depend upon the reason for the suspended case on negligence, what was the negligence in this matter?.
Whoever is appointed as a single joint expert, is appointed either by agreement of both solicitors or by the choice of the court. Therefore the single joint expert has to be impartial under the Civil Procedures rules 1998 Part 35.
I would suggest that if the claimant is unhappy with the report from the single joint expert then it would be a matter for the person/s solicitor, or court (whoever appointed this expert in the first instance) to examine the report provided as to the accuracy of its content.
Not knowing the case fully or being able to examine anything in detail, it may that the tenant is expecting cyclical work to be carried out at the same time as works identified under Section 11. This would not need to be the case as it would up to the landlord when the cyclical programme began.
Sorry to be a bit vague but the question is unclear, if it was possible for further details to be provided then a more detailed response could be provided. Could we discuss further?
04/05/2012 5:37 pm
The proceedings were brought under the LTA 1985 act and human rights breaches, however, these would have to be determined by a county court judge. Upon receiving advice from a barrister the particulars would have to be amended for breach of contract and/or negligence.
I gather that the breach of contract would refer to the breach of enjoyment because work was carried out. Further damage to my personal possessions because the builder took a detour (frolic) from his work. My landlord wilfully neglected to investigate the claim of damage to my home and the work carried out in my home.
I would hope to claim for negligence due to having a medical condition and the duty owed to a social case and the omission of not carrying out work.
I believe all planned maintenance has been suspended. I believe that I am now been victimised by my landlord because I received a letter by my social landlord asking for access than for it to be stopped - the only information that I have is that my landlord wanted to finish the work and only when I do even though the report has not been fulfilled and the SJE partial, when he was employed in such capacity to be impartial.