Do I have a negligence case?

[Mythrelle]

Firstly, I need to say that I live in Scotland, in case this makes any difference to the law involved.

 

I own a flat in a tenement building that I rent out.

Common charges are dealt with by a factor who then bills the owners.

 

My bills are sent to my home address for my attention, so it is clear that the factors are aware that I don't live in the premises & have my home address.

 

Some time ago, the factors got in touch with all owners to advise that major work was required on the building & each owner would have to pay around £3900 in advance to have this done. I paid my share as requested.

 

Several months after this, they advised that the work was going ahead, and scaffolding was erected.

 

The contractor then contacted me to advise that they required access to my flat, and the work would entail the complete removal of the bay window at the front, which would then be rebuilt.

 

My tenant, who had one month still to run on her lease, understandably moved out.

 

Three months later, I received a bill from the factor & sent them an email advising that as I was not now receiving rent for this flat & had paid nearly £4000 up front for this work, I was not in a position to pay the bill.

 

I then received a council tax demand.

I informed the council that owing to the work being carried out, the flat was uninhabitable, and they asked for proof.

 

I emailed the factor asking for this & they ignored my email, resulting in the council sending debt collectors to my door.

 

Eventually I sent a letter to both detailing the situation with copies of my correspondence etc.

 

the factor finally sent a letter, not to myself but to my mother-in-law's address (she also has a property in this building but hers was not affected by the work), confirming that the work had been completed in September 2016.

 

The council tax bill was duly amended, however there remains a bill to be paid from Sept 2016 to March 2017, and also the factor is now asking for payment of their bill.

A total of around £1100 for both.

 

My question is, as the factor knew I was not living in the premises, do I have a case for negligence?

 

I asked several times for information on how the work was progressing & when it would be finished (I have emails as proof) and was only advised eventually in January 2017 that it had been completed in September

 

(although, actually it was not complete even when they advised that it was as although the exterior work had been done, there were no windowsills in my flat and plastering work had still to be done, which I got done myself).

 

Do I have a case to take them to the small claims court for the council tax & their own factoring charges for this period?