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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience:  Solicitor with over 15 years experience.
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I am a landlord and recently had a leaky roof in a flat.

Customer Question

Hi
I am a landlord and recently had a leaky roof in a flat. I got the roof fixed but the tenant is saying they have damaged goods (which they do) and are claiming health issues from the damp. I would question why she left her shoes / goods where she knew there was a problem we were trying to fix. Does she have a case? She is moving out and the flat needs redecorating. She is looking for a settlement. I gave her a months free rent in
Jan £750 and am prepared to shoulder the redecoration costs by returning her deposit £750. Does she gave a case, does my offer seem fair?
Charlotte
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. It is likely that you are responsible for loses caused by the leaky roof; but not certain. If you had maintained the roof properly and had no reason to suspect a leak you would only be liable for damage for the period between getting notice of he leak, and the carrying out of repairs. Your tenant would have a duty to minimise their losses.She is entitled to the replacement value of items damaged ie: the like for like replacement - not brand new purchase price of replacement items. what value has she put on damage items? It is hard to asses whether your offer is fair without knowing the seriousness of the leak, how long it laster and what items were damaged. Redecoration following the leak is not the tenants responsibility and there should be no question of using her deposit to pay for it. As far as health issues are concerned it is very difficult to prove health problems (even asthma or respiratory problems) are caused by dampness. I hope this helps but if you give me more information I may be able to provide a fuller answer.
Customer: replied 1 year ago.
Hi
She states that the goods were all Gucci bags and Prada shoes, which they may be but likely copies. My question would be why leave the goods in an area where you know there is damp (not water leaking). We would not expect them to pay for any redecoration to do with the damp and have offered to sort this. However they painted the flat different colours and put up wall paper and laid carpet knowing this would have to be put back to white / removed when they left. They have not done this and it will cost more than the deposit of £750 to put this back. She is saying she wants to go to small claims court and I wondered how likely they are to take this up and go in her favour? Is my offer fair?
Customer: replied 1 year ago.
Also we fixed the roof quickly but the roofer didn't do very good job and then took 2 months to go back up and fix the bodge. My tenants are moving out and gave me 2 weeks notice following a lot of tooing and froing and 1 month earlier than their tenancy agreement was due to end, is this breach of their contract?
Customer: replied 1 year ago.
She is quoting £5000 for damaged goods!
Expert:  LondonlawyerJ replied 1 year ago.
You could simply call her bluff and say that if she wants more she should sue you for it in the small claims court. How much does she say she wants? She would need to prove that her Gucci bags were Gucci bags etc. and that every item existed, was worth what she said it was and that it was damaged. If she had alternative places that she could have put her items that was not affected by damp then this may be another argument you can use as she has failed to minimise her losses. I have just seen your figure. How does she justify that? Ask for a list setting out what it is that has been damaged, how it was damaged and details of how she has worked out a like for like replacement value for each item. Has she left yet?
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 1 year ago.
She has sent a full list detailing the items and she does have photos of items with mould on. Again she had a whole flat to store her valuable goods in and yet she left them in the area where the damp was. Damp also takes time to grow so this was not damage caused over night.
She moves out 24th April so I don't know whether to wait until she has left before sending her a response?
Customer: replied 1 year ago.
Are you free to talk now? Can I give you a different number? Thanks
Expert:  LondonlawyerJ replied 1 year ago.
I have just sent that message been very busy today. I expect to be free tomorrow morning so let me know when is a good time window to call you in.
Customer: replied 1 year ago.
Hi
I am on a train to Leeds this morning so free from 11am
Thanks
Charlotte
Customer: replied 1 year ago.
Hi
Sorry I missed your call, I am free now if you can ring before 1pm?
ThanksCharlotte
Expert:  LondonlawyerJ replied 1 year ago.
I can call in the next hour or so if that is any use. I will be out this evening but can call any time you suggest tomorrow morning.
Customer: replied 1 year ago.
How about 9am tomorrow morning thanks
Expert:  LondonlawyerJ replied 1 year ago.
OK
Customer: replied 1 year ago.
Hi
You never rang me at 9, can you please refund the phone call money as it's a nightmare trying to speak to you
Thank you
Expert:  LondonlawyerJ replied 1 year ago.
I am sorry about not calling this morning. I was having some issues with my children. When would be a good time to call today?
Customer: replied 1 year ago.
Hi
Can I just get my money back for the call please as communicating with you over the phone seems to difficult
Thanks
Expert:  LondonlawyerJ replied 1 year ago.
I am busy this evening but I will be available to call between 09.00 & 09.30 tomorrow.

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