How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8599
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

Calling from UK owner of leasehold flat let to a tenant who

This answer was rated:

Calling from UK
I am Mr Kulkarni owner of leasehold flat let to a tenant who kept the tap in the Kitchen running for one hour under pressure and kiItchen sink drinage blocked by the food and other debris. As result of this it not only flooded my Kitchen but water leaked down to the flat below causing damage as well. My question is
1 who is responsible and should foot the bill of repair to the flat below. Is it the Landlord who owns the flat or the tenant who was negligent and caused this damage.
2 Owner of the downstairs flat intimidating me ( landlord )for possible court action and allowing the tenant who caused the flood walk free.
Thank you for your reply.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Does the landlord have building insurance ?

Customer: replied 5 months ago.
Management company to whom we pay service charges have the building insurance.
Customer: replied 5 months ago.
No I rather write as we go along . Thank you.
Customer: replied 5 months ago.
I am still waiting
Customer: replied 5 months ago.
You have not given the answer as yet
Customer: replied 5 months ago.
I have.
Management company has building insurance. I pay service charges to them

Was any claim made on the insurance?

Customer: replied 5 months ago.
Downstairs flat owner has claimed the insurance but the excess of £800 he is trying to claim from me (landlord) which I think I am not responsible as I don't live there but take it from my tenant who caused the flooding and leak.

Did the tenant do it on purpose?

Customer: replied 5 months ago.
Tenant left the tap open for one hour so the downstairs neighbour had to call fire fighter as there was one one at home.

Then the tenant is liable. You are not liable. You did not cause the damage.

If the downstairs owner is threatening Court action it wont be against you. You can defend and counter claim against the tenant

You are not liable - you did not cause the damage.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
Downstairs neighbour what he is saying that the overflow pipe was not there according to firefighter though my builder said simply sink drinage was blocked by food and other debris and gallons of poured out of sink due to pump.

You did not cause the damage, the tenant did - so it is not your fault.

Does that clarify?

Customer: replied 5 months ago.
One last question
Can I ask him to go to court if wishes based on your legal opinion.

Yes, you can. It would be a small claim, so no risk of expensive legal costs.

Does that assist?

Customer: replied 5 months ago.
thank you so much.
Where do I put your 5 star ratings.

You should just click the 5 star button at the top of the screen. Thanks

Jamie-Law and other Law Specialists are ready to help you