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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I have a property I rent in the UK. There was a flood in one

Customer Question

I have a property I rent in the UK. There was a flood in one of the bedrooms caused by a leak in a neighbouring property. The leak took three months to fix as the leak took a huge amount of time to locate (with mutliple discussions through the management company) and then the repairs affected were carried out unsuccessfully by the neighbour until the third time. The room was repaired once badly by a bad tradesmen which caused mess in the room which then required deep cleaning. The leak and the repairs were finally resolved.
The tenant (one of three named in the lease) is making the following claim:
1885 UKP for private medical tests due to fungal spores
loss of use of the room during that period
Cost of cleaning clothes following bad repair
Cost of extra travel due to loss of room
Cost of some hotel accommodation during that period
He has hinted at time lost from work but has not stated that.
To date - I have received an estimate for medical services (at 3200UKP, but no other receipts).
I have previously indicated that I would like to keep the matter out of the courts/solicitors and he has offered to "settle" at 4000UKP
I have two questions:
Should I settle?
Can I make a claim against the owner of the flat upstairs that caused the leak and/or the management company that failed to arrest the damage in a timely fashion?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Matt, it is purely a financial decision whether you settle the matter or not. However, from an objective point of view, if the tenant is claiming 3.2k for medical expenses, then settling the claim for 4k is good business. If there is a dispute, you will easily spend this much in legal fees. Secondly, you can most certainly make a corresponding claim against the neighbour who was responsible for the leak. Ultimately, the release of water from one property to another constitutes a nuisance.

Expert:  Buachaill replied 1 year ago.

2. The nuisance gives rise to a claim for damages in law. However, your cause of action is against the neighbour and not against the management company. You cannot make the management company liable for failing to ensure the leak was remedied in early course. That was not something within their power or control. However, you can make the neighbour who caused the leak liable.

Expert:  Buachaill replied 1 year ago.

3. So any money you pay out to the tenant you can recoup from your neighbour who caused the leak. Additionally, if you had to carry out repairs in your own flat, then you can recover for the costs of these repairs as well.

Expert:  Buachaill replied 1 year ago.

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