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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Last monday i received a call from the agent who looks

Resolved Question:

Hi.
last monday i received a call from the agent who looks after the flat below mine, saying there was a leak in my bathroom causing a lot of damage in the flat below.
I was able to find the leak after going downstairs and check what was happening. Fortunatelly I was able to correct the problem quickly because the leakage was coming from my toilet tank.
The real issue is that the tenant downstairs was contacting that agent for a month and the agent refused to come and check what was going on. The damage was really great and I was quite shocked with what happened: part of the ceiling fell down, including the exhaust fan, which broke the toilet water tank when it fell.
The next day I received a text msg from that agent saying that she was making 2 quotes for the services and then I would have to forward to my insurance company, which I don't have one.
Knowing the landlord, and speaking the same language, I called his wife and told all the story. As I didn't hear from him until friday, I decided to write him an email explaning what was going on and how bad was his agent and I expected him to contact me asap
He never did and the only thing I am told is that I'm responsible for everything.
The tenant who lives there, has pictures and all the messages that she was writing to the agent for a month. She even didn't pay the rent that month to make sure the agent was going to come and inspect it, at least. Unfortunatelly she didn't have the idea of knocking on my door.
I just need to know about my responsibilty in the case.
I wouldn't mind paying but clearly, the landlord and his agent are acting in a very dishonest way. I feel Im being invaded and disrespected
What should I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume the freeholder has buildings insurance please?
Customer: replied 2 years ago.

Im one of the freeholders and the freehold company is a dormant one, but we do have a management company and we do have buildings insurance. It was renovated on the 1st of June.

Expert:  Ash replied 2 years ago.
Does the tenant have contents insurance ?
Customer: replied 2 years ago.

Just knocked on her door and she said she never did one.

Could her agent have made one for her? She thinks this is possible

Expert:  Ash replied 2 years ago.
What is the value of damage?
Customer: replied 2 years ago.

I don't know yet. I'll have someone coming tomorrow for a quote.

More than £500 for sure

Expert:  Ash replied 2 years ago.
Ok. The buildings insurance should cover anything structural. But as for contents they should claim on their insurance. If any claim is made against you then you could counter claim against the Landlord because I agree they have been dishonest.
But you don't need to pay anything out, there should be buildings insurance and contents insurance by the tenant.
Can I clarify anything for you about this today please??
Alex
Customer: replied 2 years ago.

Thank you. You are being really helpfull.

So, to fix the ceiling of their bathroom should I use the management company's buildings insurance or the tenant's?

What if the tenant doesn't have one?

As I don't have any insurance, would you advise me to make one, and what kind it would be most suitable?

What would "contents" include? Toilet set and exhaust fan?

I don't want to take advantage of you. I just need to know what those things mean. English isn't my first language and many times I struggle understanding certain words or terms.

Expert:  Ash replied 2 years ago.
If the tenant does not have insurance, that is not your fault. Technically you could be liable if you were negligent, or the management company if they did not fix.
You would only have contents insurance, I can't say what it would include as you would need to ask them what you want it to cover!
Does that help?
Alex
Customer: replied 2 years ago.

Yes. It really helps.

I just came from the neighbours and showed them our conversation and they think they will have to be firm with the agent and state agent. They are also happy to help me in case they claim against me.

Thank you so much, Alex.

You were excellent and I will use this service again and will recomend to friends.

All the best.

Wanda

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
Customer: replied 2 years ago.

Hi Alex.

I just wanted to tell you that I contacted the block of flats insurer and found out that this issue is covered by the buildings insurance that the management company pays.

I'm really happy that I contacted you.

Big thank you to you and this website.

All the best.

Expert:  Ash replied 2 years ago.
Happy to help. Please remember to give good feedback!
Thanks
Ash and 3 other Law Specialists are ready to help you
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