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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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The recent heavy rain has caused minor flooding in my

Resolved Question:

Hi.
The recent heavy rain has caused minor flooding in my house, that has come from my neighbours blocked drains. Their tenants said they had been having trouble for a few weeks and someone had been round to fix them a week previous to the flood.
Do I have any claim against the landlord? I have photos of my house with water in, and his outside manhole cover with 12" of water on top.
Unfortunately I had let the house insurance lapse! I do not think I would have claimed anyway, as having a house that floods puts up premiums, and there is less than £350 worth of damage.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For please let me know whether you are sure it was from the neighbours drains and can you quantify the £350 ?
Customer: replied 1 year ago.
Thanks for the quick response. I know that it was my neighbours drains, and have photos of the offending manhole cover and a verbal discussion with the tenant (who I am sure would back me up as their kitchen also flooded, and then drained into our house, as they are slightly higher than us).
The 350 pounds, would be the cost of new sisal carpet and underlay, at the cheapest price I can find. This does not take account of damage to walls, which I am running dehumidifiers and fan heaters. I am sure if someone were to quote for the work it would come to significantly more.
This has been more of a pain, as we are getting this house ready to sell, and the walls are now sopping wet, and any homebuyers survey can see, let alone test for damp, which will significantly reduce the value of the house.
The letting agent for the neighbours tenants did come round and take photos of damage to our property. They have since left an answer phone message indicating they would not be taking blame.
at the time of the flood, the letting agents refused to get an emergency drain response out, until the he landlord had OKed it. I cannot help feel if they had reacted when the tenant had first notified them, less damage would have been done.
As it was the area that was under water, was no longer underwater by the time the man came round to have a look.
Any other info you need just let me know
Thanks
Expert:  Ash replied 1 year ago.
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?Alex
Customer: replied 1 year ago.
Thanks Alex. The loss adjuster from the neighbours insurance company came out on Monday accordiing to the letting agents, although he didn't visit us. The agents still won't give us contact details for the landlord, and say they are surprised he hasn't contacted me.
Could you clarify it will be the small claims court I will be needing to use.
And will I be taking the landlord or his insurance company to court?
Thanks
Expert:  Ash replied 1 year ago.
Given its £350 it would be a small claim. You would take Landlord to Court, not insurance company.
Expert:  Ash replied 1 year ago.
Does that help? Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yea that does help, will rate you now
Many thanks
John

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