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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have purchased a property here in the UK. About a year ago

Customer Question

I have purchased a property here in the UK. About a year ago it turned out the communal gas flue system has been installed incorrectly. It is leaking water into my boiler, which is inside my flat. I have informed the management company about this a year ago and they did not take any action. Can I sue the management company for not taking any action for a year?
I have contacted gas safe for them to chase the company who installed the boilers and the communal flue system when the property was built to rectify this, but have not heard back. What legal rights do I have?
Currently our boilers in the building are marked as unsafe. Can each flat in the complex move out and ask the management company to pay for the costs associated with the alternative accommodation?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
What is the cost of repair please?
Customer: replied 11 months ago.
Probably over £10,000 for the whole building.
Expert:  Ash replied 11 months ago.
But the damage to your property?
Customer: replied 11 months ago.
There is currently no damage to my property as a result of this, other than the fact that the water from the incorrect installation of the flue system outside my flat is leaking water back into my boiler, thus making my boiler unsafe and leaving me with no hot water or heating until the work is carried out in the communal area.
Expert:  Ash replied 11 months ago.
You need to write and set out your losses and request compensation 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 compensate 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?
Alex
Customer: replied 11 months ago.
Thanks Alex, but I do not understand. What can I set out as my loss when I am an owner of a property I can't live in as it is unsafe?
Also, who do I request the compensation from? The management company? The gas company who did the installation throughout the building?
Expert:  Ash replied 11 months ago.
You can claim compensation, you claim from the freeholder who claims from the management company.
Does that clarify?
Alex
Customer: replied 11 months ago.
I am sorry, but what can I set out in my claim as loss when I can't live in my own property?
Expert:  Ash replied 11 months ago.
That is your loss. You can't enjoy it, it's compensation for the loss of amenity.
Does that clarify?
Alex

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