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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I have 2 apartments which iam liable to pay maintenance

Customer Question

Hi I have 2 apartments which iam liable to pay maintenance on,one of the flats has had a soil waste water problem since 2008, resulting in insurance claims to rectify the problem but never to replace carpets and loss of rental income. All the maintenance has been fully paid up with no issues 2008 leak 15th oct rectified 2009 5th may 2010 leak 30th april (tenents moved out due to mould and heath issues 9th july)issues rectified sept 2010 27th sept 2010 new tenent, replaced carpets and vinyl (346.00 my cost) 18th jan another leak same area causing lighting and carpets to be cleaned. 1st june 2011 another soil water leak /2nd june situation worse 2nd june electrics sorted 25th june block lsndlords confirm communical soil pipe are the problem 27th july carpets still not cleaned ,tenents complain they are feeling ill,and conditions have got worse 29th july requested carpets and flat cleaned because of health issues,tenents report heavy mould growth,changed request to new carpets and decoration 15th aug block maintenance company still not recieved quotes 27th aug insurance will not replace carpets or deal with water damaged door,had argument with loss adjuster,they reconsidered and changed door and decorated.i had to carpet at my expense. 10th jan 2012 same water leak from sewage pipes 11th jan tenents moved out due to health issues,16th tenents moved to hotel 18th jan leak repaired from soil issues,carpet request for cleaning unanswered 26th jan another leak same problem,no action from block managers 5th march still no action regarding leak,similar problem now reported from another flat 19th march still no action 26th march tenents moved out due to health issues,property not habitable from 27th march to 18th july due to waste water issues (£2045.86 loss of income) 27th march advised to contact plumbers,have now recieved insurance go ahead from block management company and they will now get 2 quotes(at last) 12th july 2013 given final all clear 19th july new tenent 18th sept another communicial waste water leak same area 15th oct tenent moved out health issues (£802.40 loss of income till flat repaired) 28th nov new tenent all ok at present spoke to block management company in december ,we were told that they will raise the insurance paperwork ,the same information was given by them to the letting agents. the whole flat has had to be redecorated and carpeted,there has been an industrial dehumidifer on the premises for 4 weeks due to the ammount of water damage, i was informed by the letting agent in late december that no claim was put forward by the management company , i phoned and asked why not to be told it was being dealt with, i informed them that i would not pay our maintenance fees on both flats till the insurance had been dealt with.we told them all we want them to do is the right thing. received solicitor summons for both maintenance fees which were around half the costs again,spoke with them and they took back the charges for the apartment with water issues,they told me i had no right holding the payment on the other flat, the repair costs for the work carried out have been around £3000.00 which has been taken from the new tenents rent money,so at present i have paid around £2k with no sign of the insurance claim being dealt with,also due to all the present insurance claims going through due to floods everywhere, and my claim not being put in till january, i fall to the back of the line. we have now been served with court papers requesting around £1400 ,if everything had been dealt with in the correct manner we would have paid up and not claimed a thing.now we want to counter claim for losses we have incurred for a situation that has never been dealt with correctly . £2807.00 due to property not being lived in £3000.00 for repairs to inside (insurance claim not dealt with) court costs and interest ,plus any electric used,new carpets and council tax


also the court papers have been issused to both my partner and myself but have the same case number

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is it you want to achieve please?
JACUSTOMER-qs4zaagp- :

Hi

JACUSTOMER-qs4zaagp- :

with them taking us to court ,do you think i have a defendable position,i know that the maintenance should have been paid on the other property but with the list of leaks from the same pipe system over the years and there lack of dealing with the situation has left us out of pocket

JACUSTOMER-qs4zaagp- :

also with 2 lots of court papers being sent one in my name and one i my partners,when we counter claim does that mean we have to pay twice

Alex Watts : Did you file a defence? What is the to total value of the claim against you?
JACUSTOMER-qs4zaagp- :

total value of claim is £1310.00, and sorting out defence at present

Alex Watts : When was the claim issued please?
JACUSTOMER-qs4zaagp- :

issued 24th feb, but we requested additional time as the letting agents had to compile the time frame of the property

Alex Watts : Did you file an acknowledgement of service, or admit the claim?
JACUSTOMER-qs4zaagp- :

an acknowledgement of service

Alex Watts :

You need to act urgently, you only have 28 days from the date of service to file a defence and/or counter claim otherwise Judgment can be entered against you.

Alex Watts :

If you are due to pay sums and set this off - then in reality you dont have a defence.

Alex Watts :

What you should have done is gotten a survey and notified all the defects.

Alex Watts :

If they then refused to do the repairs then you should have issued a claim

Alex Watts :

But what you should do is file a counter claim for the works doine

Alex Watts :

done

Alex Watts :

But as I said you need to be very quick because you only have 28 days.

Alex Watts :

You need a surveyor report to show all the faults.

Alex Watts :

This will allow a Judge to see what needs doing.Then you can get quotes for doing the work and this is your defence of set off

Alex Watts :

That is whilst you may owe them sums, they owe you sums for getting the work done

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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