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 Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32980
Experience:  Over 20 years experience
27487359
Type Your Property Law Question Here...
Thomas Judge is online now

I own an apartment in central London which is rented out in

Resolved Question:

I own an apartment in central London which is rented out in a 6 months contract. It is located in a big block with lots of flats. I am living in Malta. I am not very often in UK.
At beginning of August a damaged waste pipe in the shower of my flat 82 caused serious water damage to flat 78 (below my flat 82). There was no negligence on the part of my tenant.
As soon as the damage was reported, the damaged pipe was immediately repaired and the water flow stopped.
The water inflow must have happened over a long time (The owner of 78 was most probably for several weeks not in his apartment). beside the heavy damages to ceiling and walls also part of the contents was damaged (bed and matrices moulded, carpets moulded, etc).
I was told that the building insurance (included in the maintenance of the block) will cover the repair work of fixture and fittings (ceiling etc). it will not cover the contents.
The owner of 78 has no home insurance (for contents). I have no separate insurance.
I received a threatening email by the owner of 78 claiming damages of GBP 30,000 and threatening litigation.
My questions:
Am I liable for the damages? Is my tenant liable for the damages (even if there was no gross negligence on his part)?
What should I do at this stage?
Is there any kind of surveyor/professional I should send in to assess the damage?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Have they justified the sum
Customer: replied 1 year ago.
no. they did not.
I just called owner and asked for invoices.Can you please tell me: can I claim gross negligence on their part since they did not visit their apartment for 6 weeks and that is why the water caused so much damage?Also: do I have to pay a new replacement of the damaged furniture or only the time-value of the damaged furniture?
Expert:  Thomas Judge replied 1 year ago.
You need them to justify their claim and you can claim that they have incurred greater losses as a result of their failure ti maintain the property (i.e. be away for 6 weeks). They would have to prove the claim as they would an insurance claim - justify each and every item - you are not renewing you are simply putting them back as they would have been save for the leak. Happy to discus. Please rate positively. Thanks
Customer: replied 1 year ago.
Thank you ! I will rate positively. One last question.I am very sure this will end in court.Could you recommend a litigation solicitor who is reasonable priced?
Expert:  Thomas Judge replied 1 year ago.
It is difficult to recommend any specific solicitors - but in some ways you would want one who has an experience ideally in both litigation and insurance work. I attach a link to the law society website where you can also find one locally to you - http://solicitors.lawsociety.org.ukPlease remember to rate positively - thanks
Thomas Judge and 2 other Property Law Specialists are ready to help you

Related Property Law Questions