Persimmon Homes - power of attorney

[des8]

So your sister has agreed with Persimmon to allow them access for one month to complete the works.and come to an agreement
In return Persimmon are applying to stay the case until 21/11
If no agreement is received the court case goes ahead and the loser pays the cost of this application

If it was I, I would try for "no order as to costs" but tagging R0b

[R0b]

Agree with Des.

I'm not sure what costs they would have incurred other than preparation of the Consent Order. I would go back to them and say that each party should bear their own costs in respect of the Consent Order. Otherwise at least try to agree a capped cost, couldn't see the Consent Order costing anything more than £100 to prepare and draft - it's a standard template and only requires a couple of lines to be filled in.

[willdo]

UPDATE

So we arranged for them to do the work in return for dropping this application/costs.

After speaking to a surveyor, we arranged for insurance details of the contractor doing the works and a method statement / risk assessment for the works under CDM regulations to be sent. I was told we would receive these before the work was started.

Then they showed up and did the work. Without sending anything like this to us.

Funnily enough, this two day job was also completed in a matter of hours. They were meant to do the following work:

"REASON FOR ACCESS


The owner-occupiers of the neighbouring property have experienced several issues in respect of their property, and in particular, issues relating to water ingress. The Claimant, pursuant to its obligations under the warranty, has undertaken some remedial works such as constructing a low wall and raising the existing wall. However, further works are required to the neighbouring property in order for the claimant to comply with its warranty.

The works required to the neighbouring property are set out below:

1) Using a circular saw cut a line into the mortar bed between tow courses of bricks at the top of the existing tanking on the garage wall, which will run the length of the garage wall.

2) Insert rolled lead into the cut of the mortar bed and dress along the top of the tanking, ensuring a good aesthetic finish.

3) Reapply mortar to the cut line to refill the cut and secure the lead.

The works are necessary for the preservation of the neighbouring property and cannot be carried out without access to the Defendant's property.

The works cannot be carried out without entry onto those parts of the Defendant's property, because

A) the works comprise of applying lead to the low wall which runs along the side of the neighbouring property's garage, at the rear of the Defendant's fence which marks the boundary of the Defendant's property.

B) Access to the wall is impossible without entry to the Defendant's property. "


We were wondering if they had though. It looks like they have built up again when they were meant to be digging and doing stuff underground?

They have been very cagey about telling us why they did not forward the agreed documents, and nor will they state what work was eventually carried out. Do Legal Beagles have any ideas why?

[willdo]

Anyone?

[des8]

I'm not sure what the problem is.
They had consent to enter and do certain works (insert lead flashing?) but you think they should have been "digging and doing stuff underground"

[Amethyst]

Findings of the Independent Review for Persimmon - just in case it is useful to you.