How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I live in a block of flats, and the flat above has had a number

Resolved Question:

I live in a block of flats, and the flat above has had a number of leaks into my bedroom and bathroom. I've had to redecorate a number of times and now there is a leak into the bathroom again! This is the third time, and despite requests to permanently fix the leak it's not been done, the last time we had to get the council involved as it is an ex council block of flats.
I'm about to replaster the bathroom ceiling, but I want assurances that the leak will be be fixed properly before I do.
To make matters worse the people living in the flat are all tenants and refuse to give me the landlords details, even though I have asked numerous times.
What can I do to contact the landlord, and can I get the landlord to cover costs of any further redecoration due to the damage being caused? I've been very patient so far, but now feel the landlord is doing everything to make temporary low cost fixes which is damaging my flat
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what the cost of fixing this is?

Customer:

I've spent a couple of hundred pounds redecorating already, and replastering will cost a further £100

Customer:

I'm not concerned about these costs, and will pay in good faith as long as it get assurances the leaks will be fixed

Customer:

But I cannot get hold of the landlord so want to know what I can do, and if further issues that cause me to have to redcorate can I recove these costs as feel the situation will continue if I can't get hold of the landlord and ask for further damages to be covered

Alex Watts :

Ok, you need to ask the Landlord for a survey. That will identify the problem and what needs to be done to fix this.

Alex Watts :

This then forms your loss.

Alex Watts :

You need to write and set out your losses and request they do the work AND pay you back your damage costs within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Thanks, ***** ***** mentioned I have no way of contacting the landlord?

Customer:

The tenants have refused to give me the landlords details

Alex Watts :

Ok - but it must be a common Landlord, whoever owns the property?

Alex Watts :

You have THEIR details.

Alex Watts :

Its the freeholder

Customer:

How do I have their details? I don't understand?

Customer:

The tenants will not give me the details of whoever owns the property?

Alex Watts :

You should be paying ground rent or a service charge.

Alex Watts :

That is the person who is the landlord

Customer:

I do pay ground rent but that is to the council

Customer:

The council do not own the flat above me

Customer:

it is privately owned

Alex Watts :

No, the freehold must be owned by a single person

Alex Watts :

It wont be you own it and someone else owns it

Alex Watts :

You own the leasehold

Alex Watts :

Generally freehold is owned by one person

Customer:

So the council are responsible for any damages caused to my property if caused by the property above me?

Alex Watts :

Yes correct.

Alex Watts :

And they are responsible for fixing it.

Customer:

So the person who owns the flat above doesn't have to take any responsibility for the upkeep of their flat?

Customer:

I should just speak with the council?

Alex Watts :

Correct.

Customer:

And any further damages caused I should ask the council to pay?

Alex Watts :

They are responsible.

Alex Watts :

Indeed

Customer:

Would the council have a specific department to speak to?

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Would the council have a specific department to speak to?

Customer:

Also, is there any timelines I can ask the council to work to, to fix the problems?

Customer:

From past experience they are very slow and unresponsive

Alex Watts :

Housing generally.

Alex Watts :

Timelines, you can ask for 14 days as I have indicated above, before you issue proceedings

Alex Watts :

That should speed them up

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice