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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a middle leasehold flat in a converted house, which l

Customer Question

Hi,
I own a middle leasehold flat in a converted house, which l rent out. The top flat is owned by the freeholder. The top flat as leaked into mine, which is above the kitchen and the ceiling has caved in. The freeholder will not claim this through the buildings insurance, which all flats pay a yearly fee for. The damage has come to £800.00 + VAT. He also lied that the excess is £500 when in fact it is £250. I'm assuming that, if l was to claim though the insurance, then l would only have to pay a portion of this. I have also lost my tenant who left in April, can this also be claimed thought the insurance?
can you aniseed med in where l stand on this please?
Regards,
Kirsty
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Kirsty my name is ***** ***** I will help you with this.

Just to be clear the loss is £960 in total. What other losses have you suffered please?
Alex

Customer: replied 1 year ago.
I haven't paid as yet, l have also lost 3 months rent, which l don't have the figure just now.I need to know if he can refuse to claim this. Or, if he doesn't then I'd he liable to pay for the damage?
Expert:  Ash replied 1 year ago.

If he does not claim or does not pay then you can sue. This is because had it not been for the leak then you would not have suffered a loss.

It is handy that the leaseholder is also the freeholder.

You need to write and set out your losses and request a payment (to include loss of rent) 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 pay 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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.
can l confirm that l can ask that he claim for the damage plus loss of earnings on his insurance. And do l still have to pay the access or just half of it?
Expert:  Ash replied 1 year ago.

Correct you claim damages and loss of earnings. You dont need to pay the excess, its not your fault. Or you can and add it to your claim.

Does that clarify? Alex

Customer: replied 1 year ago.
it does, thank you.
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex, am l able to discuss further on this matter please?
Expert:  Ash replied 1 year ago.

We can speak briefly yes.

Customer: replied 1 year ago.
Am l able to call?
Expert:  Ash replied 1 year ago.

Sadly not. I can call you but it's an additional service.

Customer: replied 1 year ago.
Okay, well my question is, l would like to instruct builders to repair the damage to my ceiling but now the freeholder has refused to give me permission to allow any other builds apart from his. As this is the second leak and repair using his builders, l want to use builders of my choosing. Plus, he still refuses to claim on the insurance.
Customer: replied 1 year ago.
Sorry, my question is, do l need his permission to get my builders in to repair the damage?
Expert:  Ash replied 1 year ago.

Your ceiling is fine, you can do that. But the freeholder doesn't have to allow access to other parts. Alex

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