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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a property which consists of a flat above a shop. Recently

Resolved Question:

I own a property which consists of a flat above a shop. Recently a leak occurred in the flat above the shop (caused by compression fitting coming off the main water supply). The leak caused damage to the flat and the shop below. My insurance company has agreed to pay for the fixing of the damage to the flat and the shop. However, now the tenant of the shop is now asking me to pay for their damaged stock. My insurance company say that this is their responsibility to claim under their insurance and that given the leak was not caused by negligence I have no claim against me. Your view.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello name is ***** ***** I will help you.
I would agree, they should have insurance and should claim on that. If their insurers want to claim against your insurance that is a matter for them. But they should have contents insurance.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is tis treated by the employer as an investigatory meeting or a formal disciplinary?
Customer: replied 1 year ago.

If this is taken to the small claims court do they have any legal validity to claim compensation against me?

Can you also advise what sort of response I should give, they are quoting PDPAC/civil procedure rules.

Thanks

Expert:  Ash replied 1 year ago.
No, but even if they do your insurance would Cover it. They can quote cpr etc. But you need to reply back saying they have failed to mitigate their loss by not claiming on their own insurance.
Does that help?
Alex