Hi, thanks for your question.
My name isXXXXX can assist with this.
Is the overall amount of your claim less than £10,000?
in terms of claim for furniture and my valuables it wouldnt be more than 5.000
however, the freeholder has told me that to repair the physical damage under
the buildings insurance he is saying he has to pay for some of it which is why he was trying to put in a cheap quote viahis own bilder
I have been given the runaround on this and have no clear pathway ahead
I had no contents insurance but in terms of the stress, especiallywhilst on holiday and since returnign and dealing with the freeholder my health has suffered. I am in a hotel at the moment
unable to work as this has stressed me out
Then in answer to whether you need a lawyer, that is no, however, it's always better to use one if you can.
Stress isn't something you can usually claim for in cases like this.
If your claim value exceeds £10,000, then I would always suggest you get a lawyer as you're out of the small claims limits then and you have a big costs risk if you lose at court.
no but I have lost a lot of clothes, laptop etc but its not just those things I am wanting answers to
the freeholder, in essence has contravened the leaseholder agreement
what can I do about that?
I see. If he fails to put the damage right, as he is obliged to, then you could either i) sue him for the amount to put it right, then use that money to correct it, or ii) correct it and then sue him to recover the money from him after you've paid it out.
I cant correct it I have no money to do that
no, he has contravend it by not dealing with it immediately, as a result there is now more damage to the flat - he, the underwriter and the adjustor are all colluding with each other
OKay, then the first option seems the better one.
Well, none of them will help him if the lease clearly requires him to put it right. It's a simple breach of contract/lease issue.
well I shouldnt have to sue anyone to do what he should be doing under the buildings insurance
this should be surely a matter of process
I agree, but if he doesn't do it, what can you do?
Only the courts can really force people to honour their agreements.
How many flats/apartments are there in your complex?
its not that the insurance people are stopping the work from being done but he is prolonging it and is looking for the chepaest option and, if we had used the guy he wanted to he would be done for negligence
its two flats converted and I am on the groundfloor
what about the leaseholder-can he be sued for loss of goods and damage to my proeprty
I cant see why he would care really if the insurance agree to pay!
The person that caused the flood could be sued for the damage to your items etc.
I think the issue really is he hasnt insured either of these flats sufficiently and therefore is not only cutting costs but, failing to do the work within 4 weeks which is on the leasehold would be breaking the contract after all?
Okay. If he is required to repair within 4 weeks, then he must obviously do that, and if he fails, you have the options I mentioned.
also can I just ask - if I sued the guy upstairs would that come off his insurance?
Yes, it would. If you sued the guy upstairs, and lets say he paid £1,000, then the landlord would have to pay £1,000 less to repair things because £1,000 worth of the rectification works would have been done.
so, should I be going to see a lawyer who can write a letter of negotiation asking the freeholder what is he intending to do about the break of contract and the loss of damage to my furntiure as a result of having to wait for repairs and non earlyintervention in this case?
would that sound about right?
Yes, I would agree with that.
And if you needed to sue, the solicitor is obviously the right person to threaten that, which itself, should kickstart the landlord into action!
and, how would I go about dealing with this in a small claims court if I am looking at less than £10.000 what is the procedure please
yes I thought so
You would go to www.moneyclaim.gov.uk and issue the claim.
It's really easy to do.
is there anything else you would say on this subject - what are the chances if I may just get a lawyers letter sent out
To be fair, I expect your chances are pretty good if as you say, the lease is very clear it has to be done within 4 weeks.
to the guy - I dont want to sustain huge costs coz I dont have it but one letter from a lawyer I thought might get the guy offf his a
If he has failed, and this is pointed out with lawyers on board, it sounds like the claim should be easy?!
Yes, I can see the merit in doing that!
ok Tony - thats fair enough - I have read through the leasehold agreement - written in feudal english, enslaving us still so we cant understand it half the time - I just need to get somemone to translate it
ok thanx for the help
:) I know what you mean, they can be a bit challenging!
Do you need me to answer anything more tonight?
no its ok now I got the jist of it and that website is helpful for me small claims + pursuing the lawyer road.......thats it. Cathi
Thanks Cathi. Have a good evening.