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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a leasehold flat, and suffered water damage to kitchen

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I own a long leasehold flat, and suffered water damage to kitchen units after a leak from the flat roof above which is part of another flat. I had reported the leak 5 months prior to the actual damage and pressed the agent for confirmation repair work had been done, which they gave, but 5 m later in high rains i suffered damage and on inspection of the roof it is clear no repairs or work had been carried out. My issue is twofold: 1 i am struggling to get the original kitchen designer to quote for a fix, noting it is all bespoke. 2 i was put onto the block insurance company who assessed and verbally confirmed up to £15k cost, but they are telling me i have to pay £1000 excess even though no other claimants in the block have had this. Given i have got radio silence from the head leaseholder i feel ineed to take this yo tribunal, but (1)what would be the relevant form (2) do i need a fix quote from someone or can i just claim damage (3) can i claim extra cost on the basis it was a result of negligence not just wear and tear.
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Hello my name is ***** ***** I will help you.

On what basis are you having to pay the £1000 please?

Customer: replied 1 year ago.
They are saying there is a £1000 excess on the policy, they call it "pains and gains" or similar - but i understand it is the first 1000 towards any insurance claim paid by someone other than the insurance provider. But who is unclear as clearly the policy is taken out by the freeholder, and there are provisions for the leaseholders to cover costs but i am mot aware of other similar leaks having resilted in a first-1000 charge (and bothing in my lease allows this)

Yes it would be the freeholder, its not your insurance.

There are 2 ways of doing this:

1) Dont pay the money and you risk the work not being done

2) Pay the £1,000 under protest, get the work done and then issue a claim in the County Court as a small claim for this sum.

But you wont be liable for the £1,000 - it would be the freeholder. Its not your insurance nor are any sums payable to you. If the freeholder took out a policy that had a £1000 excess, how is that your fault? The freeholder could have picked a lower excess policy

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hi - just so I am clear ... (I) i could sue for any shortfall in small claims court without fear it just gets bounced to leasehold tribunal (II) i can just get it fixed then sue for loss, without needing head leaseholder to confirm any details, (III) i cannot claim extra for the duress caused in recrifying damage that has followed wilful neglect of the agent. Thx R

1) Correct

2) Yes

3) Well you can bit a small nominal sum

Does that clarify?

Customer: replied 1 year ago.
Thanks that is everything from my side. R

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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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