How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Can I claim loss of rent for damage due to roof leak? Hi

Resolved Question:

Can I claim loss of rent for damage due to roof leak?
Hi Alex - I saw your previous reply to another reader but you didn't directly say whether or not it was a reasonable part of a loss that the freeholder was responsible for.
I own an investment flat in a converted house of 4 and we the owners bought the freehold a few years ago. One of the owners is generally administrates most of the repairs etc
We've had a leaking roof for 5-6 years and each year when the mould gets really bad the tenant moves out and I've had to re-plaster and repaint one of my 3 bedrooms and have lost 2-4 months rent.
Whilst the owners are trying to sort the problem, it takes a while and like most leaks, it's hard to pinpoint exactly what the problem is. I understand that but at the same time I'm bearing the majority of the cost and the pain as I own the top flat.
I've done this for the 4th time and recently said to the other owners it's time for them to contribute to the cost of my internal repairs and loss of rent rather than them just paying for the external repairs.
I've finally got one of them to agree to pay for my internal repairs but they want me to prove that they should be responsible for my loss of rent.
Can you offer any help or links to legislation/precedents that say that loss of rent is a reasonable inclusion of my loss given it's a continuing issue. If they don't agree then I will need some legal services to pursue further.
I've tried to be reasonable by saving I'll pay for the last 3 times of they just pay for this last one and any future ones but I think they're just trying to avoid any expense
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me.

Alex Watts :

What damage has been done please?

Customer:

There was a lot of damp on the internal bedroom walls, causing major mould which forced the tenant to move out for health reasons - the walls were absolutely black. This was due to water leaking in from the roof.

Alex Watts :

How much do you want to claim?

Customer:

780 for cost of repairs and 1,500 for loss of rent for 1 bedroom for 4 months = 2,280

Customer:

If they don't respond and I have to take legal action I would like to get reimbursed for all the repairs and lost rent I've paid for over the last 5 years

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

I am trying to avoid court and I don't think we're at this stage yet

Customer:

I really need to find some written text to show that asking for loss of rent as part of my cost of the water damage is reasonable - just like in the Austral***** *****nk I included - surely there is a precedent? They are not denying it yet - they just want some confirmation that it's reasonable http://www.propertyinvestmentlawyer.com.au/renting_part6_Strata%20Renting.htm

Alex Watts : There are not precedents as such, it's just a case of writing, setting out your position and why you are due sums back and why.
Alex Watts : Can I clairfy anything else for you?
Customer: There must be some definition or recommendation as to what constitutes a reasonable loss
Customer: my question was 'can I claim loss of rent for damage due to roof leak' and I mentioned you didn't directly answer it in the previous viewers question - unfortunately you haven't given me any additional advice or value in this answer than what was in the previous one
Alex Watts :

The answer is yes, you can claim for loss.

Alex Watts :

A reasonable loss is any loss connected to the breach that has occured.

Alex Watts :

So if it was not for the breach would have the losses occured.

Alex Watts :

So if you had to go somewhere in the car as a result of the breach you can claim that

Alex Watts :

If you have lost rent because of the breach you can claim that

Alex Watts :

So any losses directly related to the breach can be claimed.

Alex Watts :

Does that clarify matters for you?

Customer:

Thank you - I just need that loss of rent referenced to somewhere on a legal site which I can pass onto the other owners - I paid the highest price on this site for a detailed answer and just needed something like the Austral***** *****nk I provided in the question

Alex Watts :

If you want the Direct Gov information that is here:

Alex Watts :

https://www.gov.uk/renting-out-a-property/landlord-responsibilities

Alex Watts :

Loss of rent is breach of contract.

Alex Watts :

Breach of contract is not an act of Parliament - it is common law. Therefore not writtten down

Alex Watts :

http://www.lease-advice.org/information/faqs/faq.asp?item=159

Alex Watts :

Can I clarify anything else for you, or anything specific?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.