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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice.
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A flat we manage suffered damage of £350 due to a leak from

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Hi, a flat we manage suffered damage of £350 due to a leak from the flat above that occurred over a week. The tenant also sustained some loss of property, say £100. The owners of the flat above is a Housing Association. They advise me to claim via the landlords insurance, unfortunately the owners insurance as expired. I am considering the use of the small claims procedure to recover our losses.
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.

What was the cause of the leak please?

Customer: replied 1 year ago.
leaking water pipe (under the hot water tank).
Expert:  Remus2004 replied 1 year ago.

Do you know if the tenant reported it?

Customer: replied 1 year ago.
Tenant in the top flat was not aware of the leak till our tenant told her on the 26/5/16 completed on the 6/6/16. Some confusion as the repair required the attention of first a plumber then a heating engineer as the pipe concerned was a "heating pipe". The HA Southern Housing have 2 separate maintenance contacts on the properties that they manage which, in my view delayed the repair. The reason I am exploring the small claims route is that a few weeks ago an owner of a flat underneath one we manage threatened to use this same route rather than go down the insurance path. In this case we, after some argument agreed to pay the cost of the damage caused to his flat by the leak from ours (heating pipes were the cause)
Expert:  Remus2004 replied 1 year ago.

If that is right then you do have a claim against them.

It is all very well that you could claim upon insurance but that doesn't mean that the tortfeasor is not liable in law to you in the normal way.

Clearly a housing association is a defendant who can pay the award and the insurance company might well have sued them anyway.

This is perfectly appropriate for the small claims court arena.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi Jo
No this is the answer I wanted, I will drop the term tortfeasor into my next email to them!Many thanksLloyd
Expert:  Remus2004 replied 1 year ago.

No problem

All the best.

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