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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Our 23 year old son has been a tenant in a flat in a converted

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Our 23 year old son has been a tenant in a flat in a converted Victorian House in West London for about 18 months. There are two other Landlords for the three flats in the building with out son's being in the middle. The upstairs exterior balcony floor has leaked causing damage in our son's flat below. This has happened twice. Their Landlord is refusing to accept responsibility for replacement of their damaged goods and furniture stating that he the Landlord is experiencing problems with the freeholder of the property. He has suggested our son claims on his own home insurance. We do not think this should be the case as the leakage and the damage was not of our son's making and therefore he should not have to incur a claim and possible increase in contents insurance for following years. He will also lose his deductible monies. This has caused great distress as hand made rugs have been ruined twice, personal papers and sheet music and a bedroom chair. Given that this has happened twice, it now means that effectively 20% of the bedroom area (where the leakage has occurred) is unusable as he cannot be sure it won't happen again. We would like to know our son's legal rights and what action he should take against the Landlord.

The landlord is responsible for the damage caused by the water leak and the landlord is responsible for arranging repairs to your son's bedroom area.

As this is the second time this has occurred, the landlord was on notice and should be prepared to pay damages caused to your son's property from the leak. It is up to the landlord to claim these damages back from the freeholder or whoever.

Your son could try and agree with the landlord to set off the damage to his property from future rent, your son could also report the matter to the local council's environmental health section to force the landlord to make the repairs as you say 20% of the bedroom area cannot be used.

If the landlord refuses to set off or pay for the damage to the property, your son may file a court claim against the landlord for the money at

Hope this helps
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Customer: replied 4 years ago.

Thank you for your excellent prompt reply. We have just seen correspondence from the Landlord written from his firm's e-mail address. He is Partner and Head of Family Law and Litigation of a London based company. We googled him and found out he deals with landlord and tenant litigation!! Clearly this man will know the legally correct situation, so it appears to be intimidation against our young son. Does this affect the advice you have given and the way in which our son responds? For information, my husband is guarantor for the rent for my son and is an executive in the oil industry. Would it be a good idea for my husband to approach the landlord with our son's permission, stating that he is surprised at the response from the landlord. Thank you.

Yes, by all means your husband should try and speak to the landlord about this and try and settlement the matter amicably.

The landlord, being who he is, should clearly know his responsibilities and if he holds such a big position, should deal with your son fairly.

My advice still stands