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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70208
Experience:  Over 5 years in practice.
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Hi, I wrote the following letter to an estate agent: Dear

Customer Question

Hi,

I wrote the following letter to an estate agent:

Dear Mr. Farrell,
Almost five months ago I employed a handyman to stop a leak coming through my kitchen ceiling. It was found that the damage was caused by water emanating from your property that is above mine.
I immediately contacted Mr. Nassib of Cosway who is the managing agent of your property. Since then I have contacted Mr. Nassib numerous times, and each time I was promised that the matter would be resolved shortly. Due to the damage caused, a live wire was exposed which further increases the risk of damage to the building, which you would then be responsible for.
My insurance company has also been trying to contact Mr. Nassib a few times unsuccessfully.
Despite past promises nothing has been done. Therefore I have consulted a solicitor. I have been informed that ultimately you are responsible, and as such I am informing you if work has not commenced by the end of this month, and then finished to my satisfaction I will repair the damage myself and at the same time will put a claim against you through the court. This is in order to recover the full cost of repair, plus any additional expenditure I might incur because of it as advised by the solicitor I consulted.
Please find enclosed an invoice from H&L Property Maintenance for £75 for finding the source of the leak, and stopping it. I kindly request you to post me a cheque for this amount.
Kind regards,
Gideon Baum


Since this letter was posted some time ago the kitchen issue has now been resolved. Unfortunately after further promises from the estate agent I have not been reimbursed for the money I payed out stopping the leak (of which I sent the invoice with the letter above). Even though it is only seventy five pound I feel strongly about getting it back. However if they don't do it and I take the issue to a claims court will I have to pay for the proceedings? If they are in the wrong will the land lord have to pay for the proceedings as well as the invoice amount. How much would the court proceedings cost?

Many thanks
Gideon
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Didn't your insurance company cover the cost of this?
Customer: replied 3 years ago.

No, I tried to go through them, but the state agent managing the property responsible for the damage was not co-operating. After consulting with a solicitor I decided to take it to the court as indicated in the letter.

Expert:  Remus2004 replied 3 years ago.
Thanks.

You will have to pay for the claim at the outset but its a very small amount. Probably less than £35.

If you win then you will get your costs back from the person responsible. You can issue here

www.moneyclaim.gov.uk

If you lose then you will have to pay their costs but they are a similar small sum of money that should not deter you.

Hope this helps. Please let me know if you need more information.

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again,


 


Since emailing you I have emailed the estate agent/landlord to send me what I'm owed by the end of the week. If they haven't I will continue with the claim on Monday.


 


I just wanted to know if I have made a claim and payed for it, and then they suddenly post a cheque through the door what should I do. Can I reject it because I have now payed for the claim application or can I get my money back from the court (should it go this way).


 


Thanks


 


Expert:  Remus2004 replied 3 years ago.
If you have given them a written deadline and they don't comply then you are entitled to reclaim court costs if you have already issued.

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