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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4010
Experience:  Solicitor
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Recovering the cost of damage caused by water ingress

Customer Question

recovering the cost of damage caused by water ingress
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: HelloThe flat above ours has leaked causing damage to our ceiling. The repair cost is approximately £1000.00 but as the insurance excess is £2000.00 a claim can not be made and the owner of the flat above is responsible for the cost of repair.The building managing agents have been notified, with zero result. They say they have notified the leaseholder but who know if they have - we certainly have not heard back from the owner of the flat above.I would like to know:1. What is the responsibility of the managing agent in a situation like this? Can they bill the leaseholder responsible for the cost of repair and pass the funds on to us.2. Can the leaseholder above insist that they use their own contractors to repair the damage. If so, what control do we have over their contractor, the quality of their work and the time to take to effect the repair.3. If the managing agent has no authority to collect the funds required to make the repair and the owner above does not make contact, is the only recourse making a claim in the small claims court.Kind regards
Belinda Simpson
Submitted: 8 months ago.
Category: Property Law
Expert:  Jamie-Law replied 8 months ago.

Hello Belinda my name is ***** ***** I will help you.

Have you spoken to the other flat?

Customer: replied 8 months ago.
Hello
We do not have their contact details of the actual owner as neither the managing agent nor the porter will supply them. I have obtained them through a land registry search but before I write to them I want to know exactly where we stand. Particularly what the management company can actually do. If the management company can not collect the funds needed to repair then there is no point emailing and phoning them as I have been doing. They are are very inefficient and not at all helpful.Kind regards
Belinda Simpson
Expert:  Jamie-Law replied 8 months ago.

Is it rented above or owner occupied?

Customer: replied 8 months ago.
The flat above has tenants. The managing agent has confirmed that they have notified the owner by post and email but the owner has not responded.
Expert:  Jamie-Law replied 8 months ago.

What is the cost of repair please?

Customer: replied 8 months ago.
163;1000.00 - £1100.00
Expert:  Jamie-Law replied 8 months ago.

You need to write to the agents and ask for the Landlords details. If they refuse then you can issue proceedings in his/her name at the tenant address.

You 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
there is no point trying to get the money via the managing agent of the building? And if the owner does come back and ask to use their own contractor or argues that the bill is too high we do not have to comply?
Expert:  Jamie-Law replied 8 months ago.

NO I dont think so. You can try and add them as joint Defendant, but the reality is the Landlord is liable

Does that clarify?

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