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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Due to a blockage in the communal waste system, our mothers

Customer Question

Due to a blockage in the communal waste system, our mothers kitchen was damaged by waste water. The council is not accepting any responsibility for any damaged caused to contents or the kitchen itself. they also stated that as we refitted the kitchen previously, we assume all responsibility for it and should have notified them. What are our chances of challenging this and claiming on their buildings insurance
Submitted: 4 months ago.
Category: Law
Expert:  Michael Holly replied 4 months ago.

The council's position is not logical unless the refit was the cause of the leak.

What evidence do you have that the leak was caused by a blockage in the communal waste?

What does the tenancy agreement say about insurance?

Michael

Customer: replied 4 months ago.
Hi Michael, the property is in a high rise block of flats. each side of the block has a waste pipe running down through the cupboard . this blocked up below mums flat and the waste came up out of the sink as it built up. there is no way that the kitchen install was the cause. an unknown quantity of other flats were flooded around the same time with the same problem, many other residents have spoken to mum and told her this.
We have photos of the flood prior to it being cleaned up by the councils own contractors.
I will look at the tenancy agreement and copy extracts over to you as well as the photos.
thanks, Simon
Expert:  Michael Holly replied 4 months ago.

Dear Simon

Thank you it certainly sounds as if the council are simply being cheap skates. I would also check whether they have accepted claims from other neighbours or ,if not , what excuse they have given them for not doing so.

Michael

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