Case Studies

Case history 1 – Mortgage arrears

Mrs X had fallen into arrears with her mortgage and her property was imminently to be repossessed by her mortgage lender when she engaged APS South West. APS successfully brokered a deal with the mortgage lender, which ultimately enabled Mrs X to sell her property at her chosen sale price and within her own timeframe, therefore enabling her to dispose of the property and retain a reasonable return upon her asset.

Case history 2 – Defective premises

APS were engaged by a freeholder of a leasehold complex where the developer had not conformed to building regulations and there were serious defects with the property totalling in excess of £750,000. APS pursued claims against the building warranty, as well as against the individual contractors and companies involved within the development. The total liability for each leaseholder was approximately £90,000. After the engagement of APS the actual liability per leaseholder was less than 10% of this amount through successful claims and actions.

Case history 3 – Landlord and tenant dispute

A landlord of a residential dwelling let his property to a tenant on an Assured Shorthold Tenancy (AST). Under the terms of the AST, the tenant was due to carry out minor improvement works within the first 24 months of the agreement in return for paying a reduced rent for that initial period. During this period the relationship between the landlord and tenant broke down and the landlord sought to evict the tenant on grounds of breach of agreement.

APS met with both the landlord and tenant separately where they established common ground. APS then arranged a further meeting where both parties were present and agreement was reached and the relationship between the landlord and tenant was repaired and has moved on successfully.

Case history 4 – Settlement through pre-litigation

Mr X approached APS-UK in relation to a poor build of an extension to his property, which had been undertaken by a local builder.

During the build numerous faults had been found and Mr X spoke to the builder who felt that these complaints were unjustified. Ultimately the relationship between client and builder deteriorated and the faults remained unrectified.

On instruction from Mr X, APS engaged the builder in correspondence where, after a short period of time, the builder agreed to meet with APS-UK and an amicable agreement between both client and the builder was reached where the builder completed all works to the required standard within the costings as originally agreed when the job was undertaken.

Case history 5 – Action against a reputed insurance claim

Miss X approached APS in relation to water penetration to her property which is a traditional stone built property where granite is the primary material used in construction of the walls. The walls were between 12” and 24” thick. Miss X had suffered damp patches on the wall and had made a claim under her building insurance. The insurance company claimed that the water damage occurred through natural penetration of the stone, and as such was not covered under the insurance policy.

APS were engaged to look at the reputed claim. APS engaged a RICS surveyor who prepared a report. Following this, APS initiated further exploratory works where it was discovered that drains were not adequately installed, leading to rainwater not draining from the vicinity of the property. It was later discovered that water through capillary action was being drawn from the ground and was entering into the property. On discovery of this information, a new claim was submitted with supporting evidence obtained by APS and a detailed report, to which the insurance company made settlement to Miss X’s claim of £45,000.

Case history 6 – Claim against management fees

A mid-terrace property had been converted into 4 leasehold flats. Within the development was a communal hallway and stairwell. The leaseholders were concerned at the level of service charge they were expected to pay to their managing agent.

The leaseholders engaged APS-UK to undertake their leasehold investigatory service. APS-UK attended the site and discovered that the property had not been maintained as per their lease agreements. In particular, the allocation of internal decoration monies had been taken and the period of time stipulated within the lease for decoration had passed with no decoration having taken place.

It was also discovered that the fire safety requirements of the building had also failed to be met, in particular fire extinguishers hadn’t been serviced for 24 months, two fire points within the building were non-functioning and the fire alarm continually showed a fault light. APS compiled a report, engaged the managing agent in correspondence to outline the deficiencies within their management. The result was that the managing agent returned all service charge monies for two years to the leaseholders as a form of compensation for the lack of management that had taken place, and the leaseholders were given the opportunity to seek and appoint their own new managing agent.