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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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Can you please advise me, I live in a maisonette which is

Resolved Question:

hello
can you please advise me, I live in a maisonette which is leasehold, my bathroom has had water damaged due to poor maintenance on the building, I have been advise by the management agents that I can make a claim on the building insurance but would have to pay the excess is this correct when the fault was due to the fact that they knew of the repair that was required. we pay a maintenance charge which includes payment towards the building insurance
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

You are entitled to be put back into the position that you would have been had this incident not occurred as it was not your fault..

If the insurance company will pay out (less the excess) then put a claim in through the insurance company.

With regard to the policy excess, however much it is, you are entitled to seek that from the management company if it is as a result of their poor maintenance that you had the damage.

If they won’t pay, you are faced with suing them in the Small Claims Court.

Because none of this is your fault, it should not cost you anything.

The reason that the management company are saying that you must pay the excess is because they want to avoid paying it themselves.

Can I clarify anything for you?

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Best wishes.

FES.

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Customer: replied 1 year ago.
thank you for your help this is great news