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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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I let a flat that is in a block of flats. over the past 3

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I let a flat that is in a block of flats. over the past 3 years the flat above has leaked water through the ceiling from their bathroom to my bathroom. Both times I've had to repair my bathroom and submit an insurance claim.
The landlord upstairs is completely uncooperative. He didn't even bother to show up to an appointment made by the management company to go into and see the flat (the leak had stopped at that stage)
The excess is £250. I've tried to get an answer from google [as to a way to recoup that loss x2]and there appears to be a way to claim the excess back from management company - is this the case or are there other avenues I should be exploring?
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.

Is there any reason you don't want to sue the landlord?
Customer: replied 3 years ago.

Well, I'm not from a legal background so I'm assuming that that is an application to the small-claims-court? which I have no experience of either. Plus - I spoke with the management agent and I've had some correspondence from their legal team and they have never suggested that I could that


 

Expert:  Remus2004 replied 3 years ago.
No, well its not really for them to do that.

If you are saying this is caused by the landlord upstairs failing to maintain his property then he is liable to you in negligence. It is a small claims court matter. You should really send him a letter before action first warning him of your intention to sue if he does not settle but if he ignores you then you can issue here

www.moneyclaim.gov.uk

That said, if the management committee are willing to pay I suppose you might wonder whether there is any point in pursuing him.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

But, how can I be sure that I have his correct contact details? As the management company couldn't engage him - how can I be sure he has been served - or is that necessary? What if he doesn't even bother to show at the hearing?


 


The reason I brought up "charging the Management CO" was because I read about it on several forums but none went into any detail explaining if they are obliged to take the cost - One forum explained that when the excess is levied against the management company they amortise it across all the flats in the block via the service charge -


So can i assume that there is no "act" "standards" "regulation"... that the management company are obliged to follow when excesses are encountered?


 

Expert:  Remus2004 replied 3 years ago.
Well, you cannot on these facts.

You can always use a tracing agent to locate him but that will cost about £100 and you cannot reclaim it. Alternatively you can issue at the address you have for you him as its the last known address.

On the face of it, I cannot immediately see a claim against the management committee? I'm not sure if I'm missing the point but they did not cause this, their systems did not fail.

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