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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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The landlord of next door is taking is to court for just

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Hello, the landlord of next door is taking is to court for just under £5000 due to a water leak. Nearly £2000 for repairs and £2000 for lose of income. We own our house and there was a water leak but it didn’t cause that much damage to our house. We’re a mid terrace house. Is it worth fighting them or are we better to pay it?I have no evidence as it was over 18 months ago but I am sure she has receipts for work etc.
JA: Where is the landlord? It matters because laws vary by location.
Customer: Shropshire
JA: What steps has the landlord taken so far?
Customer: They told us about the leak which we did get repaired. Now we’ve had a court document with 14 days to pay.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of.

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online becauseyou will get an email when I respond. Sometimes it will be minutes, sometimeslonger.

I apologise for any unavoidable delay, but rest assured I havenot forgotten your question.

can you give me the background to this issue -

when did it happen?

and where were you?

what caused it?

and were you insured?

did you ask for a complete breakdown of the damage and repair costs?

Customer: replied 5 days ago.
It happened 23rd December 2018.
I was home but it was raining heavily so didn’t notice the overflow was overflowing.
It was caused by the water tank overflowing and running down the outside of the property.
Yes I was insured.
No I have not asked for a complete breakdown of damage and repair costs.

If you have insurance, then pass this to your insurance company.

The GBP2000 for repairs is straightforward enough because presumably there will be receipts and quotations for that.

The landlord is going to have to prove that the property was uninhabitable (and not simply that it was empty because it could have been empty anyway and the landlord could be trying to recoup rent which hadn’t been lost!).

So what would be important is that the was a tenant in the property and the tenant had to move out.

From the leak that you describe, the damage on its own seems to be remarkably high unless of course you were, for example, on holiday and this happened for a fortnight.

If you want to deal with it yourself, rather than pass it through your insurance company, then I would ask for a complete breakdown of what’s being claimed.

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Thank you.

Best wishes.

FES

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