UKTC Archive

TPO Compensation

Subject: TPO Compensation
From: Jon Heuch
Date: Jan 03 2019 13:42:19


Jim and Oisin have given you chapter and verse on the matter.


I would just add that it may take a long time to actually get the
compensation cash in the bank account and probably the only way to hurry on
the process is to have a determined solicitor who knows what they are doing.
A council may well play the long-game with an individual, hoping they will
loose interest, forget the matter or just die (I jest, but only a little).
It is amazing what can get lost on someone's desk or possibly in a filing
cabinet. Engineers & lawyers dealing with subsidence may not want to factor
in a potential compensation claim as there is a risk the claim comes to
nothing or there is only partial success at getting the amount claim paid.


My advice would be to lay out what the options are with the (potential)
costs, evidenced by quotations, possibly more than one, for each option
provided. Assuming the damage stays the same and thus it's not necessary to
change the specs of the repair work, the loss of not allowing the tree work
should then be a simple matter of arithmetic, as Oisin has stated. In most
cases that I see things are never simple..e.g. (another part of) the council
determines the wall is unsafe so work has to proceed immediately, or the
council actually pull down the (privately owned) wall themselves on the
grounds of safety or neighbours get involved or [the list goes on}.


The loss has to be reasonably foreseeable - that's not a blank cheque, but
it's also not for the council to state that they will only pay the minimum
necessary or to specify what they will pay for. Of course the resulting bun
fight may cost far more than the loss!




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