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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is flooding below suspended floor timbers in a domestic property

Resolved Question:

Is flooding below suspended floor timbers in a domestic property due to the water table a liability for the landlord under Section 11 Landlord and Tenant Act 1985 and/or section 4 Defective Premises Act 1972 are applicable.
The flooding may cause high humidity in the property.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Yes the property is defective as per section 11 - the lanldord is required to repair.
Alex Watts : The property is also defective as per section 4
Alex Watts : It clearly is of poor design.
Alex Watts : So yes you do have a claim.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

The landlord has no control over the water table, therefore is he liable to carry out improvements to the design to prevent water ingress to below the floor voids, this is likely to be expensive, and can the tenant claim compensation from the landlord through the courts

Alex Watts : Yes he would be. It's not your fault. It's poor design.
Alex Watts : Whilst I accept that is not directly the landlords fault it is his property and should be insured.
Alex Watts : Does that help?
Customer:

Do you know of any case law regarding this

Alex Watts : Sadly this is a question and answer site for general questions and not intended for legal research or case law. However if you go to http://www.bailii.org/ - you can search here.
Alex Watts : Or http://www.casecheck.co.uk/CaseLaw.aspx?BlogID=737
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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