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How To Make A Claim To Compel Someone To Take Action

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  • How To Make A Claim To Compel Someone To Take Action

    I know how to make a money claim against someone for a fixed amount of money but how do you take legal action if it is not money you are after?

    My situation is that water is coming through the adjoining wall from the next door neighbour's property whenever they take a shower and causing the wall on my side to bubble up and cause the paint to flake off. This has been happening for a few years and the landlord of the property (a housing association) did attempt to fix it a year or two back but it did not resolve the problem. They are now refusing to do any more work, insisting it has been done despite me sending them pictures of the damage and moisture readings.

    Could anyone please advise how I take legal action to get them to complete the work necessary to resolve the issue?

    Am I able to do this through Money Claim Online even though I am not asking for a monetary amount?

    Thanks in advance for any advice.
    Tags: None

  • #2
    You need to obtain an injunction from court
    use form N16A to apply (https://www.gov.uk/government/public...n-general-form)

    But before doing that have you exhausted all the alternatives (https://england.shelter.org.uk/housi...iation_repairs)

    Comment


    • #3
      Thank you DES8 for your reply and for the link to the correct form.

      I am not a tenant but the property owner so assume I am not eligible to go through the Housing Association's complaints procedure or complain to the council or environmental health.

      Comment


      • #4
        I would certainly consider firstly involving environmental health.
        They have quite a wide remit and it won't cost!

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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