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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in Orbit Housing Association House. The roof is leaking

Customer Question

I live in Orbit Housing Association House. The roof is leaking onto my bathroom and water is running down the wall. I reported this to them on thursday29th August and they said they will send someone within 7 days I am a leaseholder and one of them said I will have to pay for the repair myself which I did not think was right
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

May I ask is there water currently running down as the weather is reasonable at the moment please?

JACUSTOMER-skx739vj- :

It is tickling down and dripping as well

AlexWatts2013 :

Have you asked anyone for quotes to resolve the issue yet?

JACUSTOMER-skx739vj- :

NO because I think it is the responsibility of the housing association. This has happened 3 times before

AlexWatts2013 :

Do you own the roof or do they please?

JACUSTOMER-skx739vj- :

No I do not own the roof I do not own anything out side my front door except a storage cupboard

AlexWatts2013 :

Do they own the roof please?

JACUSTOMER-skx739vj- :

Yes

AlexWatts2013 :

I see. So they own the block, you own your flat?

JACUSTOMER-skx739vj- :

Yes

AlexWatts2013 :

Is it currently causing damage to your property?

JACUSTOMER-skx739vj- :

yes

AlexWatts2013 :

You need to get a number of quotes from people to get the work put right and how quickly it can be fixed. If it is causing damage then it needs to be resolved very quickly. Once you know how much it costs and how quick it can be done you need to ask Orbit to fix it asap or in any event within a few days.

AlexWatts2013 :

If they do not then I suggest you get the work done, which means you will have to pay for it, but it would stop further damage being caused, then you would be able to sue them to recover your money.

AlexWatts2013 :

First you would need to write and ask them to make payment back to you within 14 days or say if they do not you will go to Court. This is because the fault is with their building and they are responsible for it. Given that it is causing damage asking for 7 days is simply unacceptable.

AlexWatts2013 :

If they then refuse to pay you back you can issue proceedings which can be done either online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local County Court.

AlexWatts2013 :

The Court will then issue the claim and they will have a limited time to defend it. If they do not then you can enter Judgment and enforce it. If they do defend the claim the matter will be set down for a hearing. If the claim is below £10,000 and I very much anticipate it will be, then it will be a small claim and you will not need representation.

AlexWatts2013 :

I realise you may have to pay for the work but at least it stops any further damage being caused.

AlexWatts2013 :

Can I clarify anything for you please?

JACUSTOMER-skx739vj- :

I am not allowed to go up on the roof it is up on the 9th floor and 2 people have fallen off

AlexWatts2013 :

Yes I understand, which is why you need experts to come in and see what needs to be done and give you a quote

JACUSTOMER-skx739vj- :

The roof needs to be sealed before I tackle the bathroom

JACUSTOMER-skx739vj- :

I cannot make any changes to their property

AlexWatts2013 :

Yes I understand, which is why you need urgent quotes to get the roof fixed.

AlexWatts2013 :

But take the steps I have suggested, get a number of quotes for people to fix the roof and deal with it as I have outlined above.

AlexWatts2013 :

Can I clarify anything for you about this at all?

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