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Hello my name is ***** ***** I will help you with this.
For now please let me know what the cost of fixing this is?
I've spent a couple of hundred pounds redecorating already, and replastering will cost a further £100
I'm not concerned about these costs, and will pay in good faith as long as it get assurances the leaks will be fixed
But I cannot get hold of the landlord so want to know what I can do, and if further issues that cause me to have to redcorate can I recove these costs as feel the situation will continue if I can't get hold of the landlord and ask for further damages to be covered
Ok, you need to ask the Landlord for a survey. That will identify the problem and what needs to be done to fix this.
This then forms your loss.
You need to write and set out your losses and request they do the work AND pay you back your damage costs 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 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-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?
Thanks, ***** ***** mentioned I have no way of contacting the landlord?
The tenants have refused to give me the landlords details
Ok - but it must be a common Landlord, whoever owns the property?
You have THEIR details.
Its the freeholder
How do I have their details? I don't understand?
The tenants will not give me the details of whoever owns the property?
You should be paying ground rent or a service charge.
That is the person who is the landlord
I do pay ground rent but that is to the council
The council do not own the flat above me
it is privately owned
No, the freehold must be owned by a single person
It wont be you own it and someone else owns it
You own the leasehold
Generally freehold is owned by one person
So the council are responsible for any damages caused to my property if caused by the property above me?
And they are responsible for fixing it.
So the person who owns the flat above doesn't have to take any responsibility for the upkeep of their flat?
I should just speak with the council?
And any further damages caused I should ask the council to pay?
They are responsible.
Would the council have a specific department to speak to?
Also, is there any timelines I can ask the council to work to, to fix the problems?
From past experience they are very slow and unresponsive
Timelines, you can ask for 14 days as I have indicated above, before you issue proceedings
That should speed them up