landlord's neglect keeps by business closed

[James Faro]

Joanne, I hope you are taking Gaviscon because there seems to be fire in your belly to get out of ths rut!

You have nothing to fear or worry about as you are completly innocent in this matter in law and in fact and you are the injured party. You have a lot going for you.

The greatest thing about this forum is that if somebody needs help really good advice flows through, like that damn leaks in those walls and ceilings.

I don't wiish to be sexist but for a woman to take all this stress on is much more of a toll than for a man especially when you are not in the best of health at times!

I won't write good luck because you don't need it. I shall have a diet coke with ice and a slice when you re-open!

[Joanne53]

From Joanne.
Thank you all once again.
James Faro, no James you are not being sexist, what is sexist are the government officials who don't listen to a female as they would a male. You are correct, the stress has been severe, I have had heart surgery and been diagnosed with a lung disease whilst all this has been going on, but I have recovered. Not as strong as I would like to be, but who is?? DOUBLE diet coke, ice and a slice is yours, I just need to work finances out to get over again to pick up the gauntlet.
James, yes I too worry about the apartment collapsing above, and no, because of neglect any insurance would be invalid. Maybe this is the answer, if it collapses, she wouldn't be able to pay me compensation, so perhaps the land would become mine, how great would that be????
Pat Anderson, re European Courts, no, I can't even afford to take it very far with a normal solicitor in Portugal, never mind paying one to go through the European Courts.
Alf 1956, thanks for your best wishes.

We all know I have the law on my side, but justice is long, hard and expensive in Portugal, I can only hope some of my action to come will provoke her into taking me to court.
I wish I could post photos on here, I could then let you see how the balcony was collapsing and I had to pay for supporting and then repairing it, (you wouldn't believe it unless you saw it). I had a concrete lintel and 2 pillars and re-plastered to prevent it from collapsing and possibly injuring someone. Next thing was a threatening letter from the Judicial department Lagoa Camara threatening court action because I hadn't applied for planning permission. I sent photos showing them I didn't have time for that, and if they would send me a letter instructing me to take out the lintel and pillars, I would, as long as it was in writing, this would then be their problem if anyone was injured. That was 10months ago, I haven't heard anything yet. Does anyone have any contact with Health & Safety officers?
My email address is ThmsnHyd@aol.com
Love to you all, Joanne
Id any one wants to send me their email address, I can send them some photos showing the gravity of the situation.

[e-richard]

photos showing the gravity of the situation.

The first two show on top of the landlady's balcony and the reason for the water seepage. The next pic shows what work I did, and paid for, her responsibility not mine, her apartment goes out onto this balcony, unfortunately the damage was done and the rot set in.
I will send some more of damaged and then repaired balcony

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[e-richard]

And just two more:

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[e-richard]

And to show inside damage
lst picture shows inside dining room, taken in 2002, and have letter from solicitor which she ignored, (that's why it gets expensive) and photo no 2 is the ceiling inside the kitchen of restaurant. Nothing can be done to stop it keep happening unless (surveyor's report) it is done from upstairs, which I can't get at..

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[Farol]

What about installing a suspended ceiling? Not a structural solution but would probably address the health aspects such that you could reopen. As far as the outside area is concerned I think it would be a matter of a new render coat and decorate - you'd probably need to paint every year but that is a small price to pay if it enables you to trade.

When you see how well some old cob built properties can be quickly restored you realise that it's the equivalent of "papering over the cracks" but it's often the Portuguese way.

Looking at your photos I don't think you can realistically espect to ever get the full solution that you want. I suspect, unfair though it may seem, that you either have to make good your restaurant such that you can trade, even though the defects will eventually show through again, or walk away from it.

[Polli62]

How disgusting, this woman landlord should be absolutely ashamed of herself. Good Luck Joanne with your proceedings, hope everything turns out positive for you. Long haul & frustrating I know but keep the faith, things do come back eventually to bite folks up the a*se for wrong doings.
Farol, papering/painting over cracks in old property does not work, its a never ending job if the walls are not originally prepared properly, your on a loser to none, more and more expense keeping up with it, slightest bit of damp and the paint will be off again in no time. Tried it, done it, worn the tee-shirt, learning curve.

[Jaylay]

Sounds as thought Joanne53 Has won:) See Buy and sell on Forum

[James Faro]

When Joanne described about the damage done you can visualize what you think she may have endured but these photograhs show abject or wilful neglect of a very pretty property. It is appalling.

I have a Portuguese neighbour and he has properties in Cascais and I showed him the photos via the website., He informed me that the local authority in Cascais would be on him like a ton of bricks for letting property become so dilapidated The Algarve and Cascais may be in different places but the law is the law and should apply equally. The local aithority should have by now inspected the property and served notices on the landlord.

[Joanne53]

Yes Jaylay, it would appear Joanne53 is on the way to winning. You are right, it is the same place, and I would like to give all credit to the Carvoeiro Forum folks for their support. They alone have given me the courage to press onwards, I knew the law was on my side, but I needed to hear it from other people who are totally unbiased.
I have had a survey done by a professional company, and now know what work I need to do (very little really) to get the business up to scratch as far as Healthy and Safety regulations are concerned to protect my license.
I am coming to Portugal this Sunday 19th, I will hopefully be having an interview with a surveyor at the Camara and am now looking for a good lawyer, any recommendations?
I will also be getting in touch with the Algarve newspapers to show them the response from the Carvoeiro website, I am wondering if maybe I could get a petition going on the Forum to show the media that I am not alone as the last time I visited no-one at the newspaper's office in Lagoa seemed interested. It would also be brilliant positive publicity for the Forum
I think it is time we stood up and got counted, it is our money that has and is keeping Portugal going.
If you want to get in touch whilst I am staying at the Solfeiras in Carvoeiro, then send me you tel no, or anyone else for that matter, and I will get in touch. (the fat lady is still singing). The business is now being offered, if anyone interested, on a 5yr lease.
Bye for now, Joanne

[James Faro]

Well, Jo-on-the-Go I am very pleased that you have a plan of action at last and from your demeanour you seem to be in fighting spirits! Once you get the ball rolling and things fall into place and you will feel immense relief. Thinking about what has happened must be hugely frustrating and dispiriting!

I have to be in Lisbon in May for a wedding so I may come down for day to visit for that diet coke with ice and a slice!

Well done so far.

[sam]

Have pm'd recommendation for an advogado.

[James Faro]

Any news on your situation, Joanne? Are things progressing ok?