Professional Negligence Claims Against Solicitors: Building Control and Landlord Possession

At Healys LLP, our Professional Negligence team, led by Robert Johnson, frequently advises clients on claims against solicitors arising from negligent legal services. The below cases illustrate how (1) solicitor failures can lead to significant financial and emotional consequences and (2) we can assist clients in seeking redress.

This article in our series looks at claims focusing on building control and landlord possession proceedings.

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Lack of Building Control Consent

The client’s conveyancing solicitor failed to identify or advise the client adequately or at all that the loft conversion in the property that they were purchasing did not have building control consent. This was only discovered many years later when the client sought to convert the loft room into a study. It was also then identified that the whole of the property was structurally unsafe due to the poor quality loft conversion and that significant work would need to be undertaken to rectify this.  We therefore pursued the conveyancing firm for the cost of remedial/rectification works and recovered compensation for our client.

Landlord Possession Proceedings

In this claim, the client initiated (as a lay person) Section 8 possession proceedings against his tenants for non-payment of rent. His priority was to regain possession of the property as he had robust evidence that the tenants were financially incapable of paying the arrears. Shortly into the process, he instructed a firm of solicitors to represent him but who failed to advise him to issue instead Section 21 proceedings (which would progress much faster to possession). As a result, the client did not gain possession until much later than that which should have been the case.  We pursued a claim for loss of rent and recovered compensation for our client.

This claim arose out of the manner in which a firm of solicitors dealt with a clients’ possession claim.  In particular, the solicitors provided incorrect advice to the client to pursue claims against the incorrect tenant on the basis of a Section 21 Notice which was invalid. The solicitors failed to understand the relevant law and properly investigate the matter. Both Section 8 and Section 21 Notices had been served and had it not been for the incorrect advice, the client would have pursued a claim against the correct tenant on the basis of the Section 8 Notice.  We pursued a claim for loss of rent and wasted legal costs and recovered compensation for our client.

If you would like legal advice on these (or any) areas of Professional Negligence or further information on any of the above, please contact Robert on 07899973306 or robert.johnson@healys.com

Healys Professional Negligence Services

Healys professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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