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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 9797
Experience:  I have been practising for 30 years.
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Hope all is well! I am a landlord of a lease hold flat, the

Customer Question

Hi
Hope all is well!
I am a landlord of a lease hold flat, the developers have decided to build another apartment on top of mine and this has caused a water leak. It has meant the tenants not using one of the bedrooms and having property damage. The tenant has also stated he will not pay for rent until this has been fixed. The developer has acknowledged the issue but has not done anything for over a 1 month to fix the issue.
What can I do to speed up the repairs and claim for damages and lost of rent.
Thank you,Dev***********
Submitted: 21 days ago.
Category: Property Law
Customer: replied 21 days ago.
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Expert:  F E Smith replied 19 days ago.

The tenant is not entitled to withhold rent but they are entitled to compensation for breach of repairing covenant. If they decide to pursue you for compensation in respect of the breach of repairing covenant then you would bring the developers in as the second defendant.

You will probably find that the developers will respond better to a letter from a solicitor threatening a court application for an injunction to stop the work and get this problem remedied immediately (within 48 hours) failing which you will apply to court on an emergency basis for an injunction to do the same thing and you will ask the court to award costs against them.

Once you have the leak sorted, you can then pursue the tenant for the rent that you have lost.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.