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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4644
Experience:  Solicitor
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I have a brand new flat rented out. Last Thursday the mains

Resolved Question:

I have a brand new flat rented out. Last Thursday the mains power water supply sprung a leak due to the coupling joint nut splitting. It was defective and so was the second joining nut. This resulted in the carpets and bathroom vinyl being soaked beyond sorting and the communal area carpet outside our door saturated in water. The company have accepted responsibility and lifted the floor coverings inside the house and are going to replace them. However, I have had to rehouse the tenants meanwhile. I would like to pursue compensation for the distress and inconvenience caused what might I expect? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Do you have Landlord insurance please?

Customer: replied 1 year ago.
but not prepared to file a claim as it was defective materials in a new flat and the company have agreed they are responsible
Expert:  Jamie-Law replied 1 year ago.

Ok - assuming you did have insurance and they wont pay out on this basis you can bring a claim.

You cant bring a claim for distress and inconvenience on behalf of your tenants, because you can not act for them.

You need to write and set out your losses and request compensation (for the accommodation costs) 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 completing form forms at https://www.scotcourts.gov.uk/taking-action/small-claims 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 £3,000 or less it will be a summary cause procedure, over £3,000 but under £5,000 ordinary cause procedure 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?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** act on your advice if I don't get satisfaction by the end of this week.
Expert:  Jamie-Law replied 1 year ago.

Thanks and all the best.