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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I am a landlord and have let a property in Harrow, through

Resolved Question:

Hi, I am a landlord and have let a property in Harrow, through an estate agent, that experienced a pipe burst in the midnight of 25th Aug 2014. The first leak was diagnosed and repaired and subsequent repairs were carried out while the tenants were living at the property. Repairs were completed on 10th Sept 2014. However there was subsequent damp/mould identified on/around 16 the sept that is being repaired. The tenants have now served a legal notice through a solicitor firm claiming damages under disrepair at the property and expecting reasonable solution and proposal in the next 7 days.
I believe my managing estate agent and I have done every thing reasonable to repair the property. What is my position and how do I/managing estate agent response now?
Thanks
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 :

What are they suggesting in terms of damages please

Customer:

Hi Alex

Alex Watts :

Hi

Customer:

Full Size Image

Customer:

I have copied and pasted their/tenants current position

Alex Watts :

Ok.

Alex Watts :

Was there any point the water was off all together?

Alex Watts :

Was the property liveable in?

Customer:

Property was liveable in, yes. I had my builder going at the property on 26th Aug and he said the property is safe to live

Customer:

Water was switched off by the emergency plumber while fixing the pipe burst but then was on again after the repair

Alex Watts :

So we are taking, what 2 weeks?

Alex Watts :

How long was it off for?

Alex Watts :

Have they had to throw clothes etc away as a result?

Customer:

Water was off for just under 2 hours in the middle of the night

Customer:

Pipe burst was under the bath tub and the water went straight through the ceiling of the kitchen

Customer:

and through the ceiling of the living room/lounge

Alex Watts :

Ok -so did their possessions suffer any damage?

Customer:

their microwave, food in the kitchen cabinet, food processor was damaged but has been replace by the insurer

Alex Watts :

Ok - I assume you are insured for all of this then?

Customer:

rug in the living room also was damaged but replaced by the insurer

Customer:

my insurer has issued reimbursements for the repair caused by the pipe burst

Alex Watts :

Ok - have you passed this letter on to your insurers to deal with?

Customer:

no

Customer:

i haven't passed it to the insuere

Alex Watts :

I would do that.

Alex Watts :

It sounds like you are covered and your insurance company can handle any negotiation

Alex Watts :

If that is the case then it is out of your hands and that resolves the matter

Customer:

really? my estate agent and I did not have a clue thanks

Alex Watts :

Otherwise if you are liable then bearing in mind it was 2 weeks and assuming it has now been fixed, then it would only be those 2 weeks rent

Alex Watts :

That is because they have not had a perfect property for that period.

Alex Watts :

So either your insurers deal with it or offer 2 weeks

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

well the tenant has verbally demanded one month's rent as compensation when the estate agent declined tenants have now approached a no win no fee solicitor who deals with property law

Customer:

how do i know whether my insurer would deal with this claim for damages, do I just ask the insurer?

Alex Watts :

Yes ask.

Alex Watts :

Ask if you are insured

Alex Watts :

I think a month is too much really,

Customer:

I think the same as well so does my estate agent.

Alex Watts :

Of course even if they take you to Court costs wont be recoverable as a small claim below £10,000

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that will be all, I will contact my insurer. Can I contact you again if I need further assistance?

Alex Watts :

Yes of course.

Alex Watts :

You can ask further questions to ALEX W and I can pick them up

Customer:

If the Insurer does not cover me then what would be the alternative?

Alex Watts :

Either agree to a month or offer 2 weeks and see if he tries to take you to Court

Alex Watts :

As I said you wont face legal costs as it would be a small claim

Customer:

ok thanks for the advice

Alex Watts :

Can I help with anything else today?

Customer:

no thanks

Alex Watts :

Great. If I could invite you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok

Alex Watts :

Thanks

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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