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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Water has leaked into my flat from my neighbour's flat above.

Resolved Question:

Water has leaked into my flat from my neighbour's flat above. Is he liable for the damage to my bathroom ceiling?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Are you the freeholder as well? Does the freeholder have buildings insurance?
Customer: replied 2 years ago.

Freeholder has insurance but I am advised by the managing agent that there is an excess of £500 which exceeds the likely cost of making good

Expert:  Ash replied 2 years ago.
Ok. Yes the neighbour is responsible, had it not been for the water there would be no damage.
You need to write and set out your losses and request a refund 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.
If they do not refund you 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.
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: replied 2 years ago.

This seems clear. Am I able to raise an additional question with you without further charge if some new development occurs?

Expert:  Ash replied 2 years ago.
Yes you may.
Alex
Customer: replied 2 years ago.

Alex

Many thanks and I will sign off for now

Ian

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Alex

I am having difficulty obtaining my neighbours residential address ( the flat is let out). Will an email, cc'd to the management agent, be sufficient proof of notice that a claim has been made? IRW

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex