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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2219
Experience:  Solicitor at BLM
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It's a long one. I own a leasehold ground floor flat. On 3rd

Customer Question

It's a long one. I own a leasehold ground floor flat. On 3rd march 2020 tenants above flooded my flat. The landlord and the estate agents haart refuse to give me any liability insurance details still to this day even after 100s off calls visiting the branch and formally complaining to head office. My flat is badly damaged my leasehold insurance doesn't cover it. The excess was so high on my contents insurance I managed to replace all my appliances cheaper. Do I have any grounds to fight this
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I have purely requested and formally complained
JA: Have you talked to a lawyer about this?
Customer: No as expensive
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really I just want to know what my rights would be and if it's worth pursuing it legally
Submitted: 19 days ago.
Category: Law
Expert:  Anthony Chendo replied 19 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays but rest assure that i will respond within 24 hours.

Please can you confirm whether you reside in England or Wales?

Customer: replied 19 days ago.

England

Expert:  Anthony Chendo replied 19 days ago.

It appears you may have a potential nuisance and negligence cause of action against the neighbour upstairs given that is where the source of the escape of water is from. Therefore i suggest you undertake the following action you instruct a plumber/surveyor to produce a report which details the cause of the escape of water and costs to repair it. Further i suggest you collate documentary evidence of the costs of the items you have repaired/replaced as a result of the flood.

Hopefully the report will confirm that the cause was due to negligence from the neighbour. In this position, you can consider court action to recover the costs of the report along with the losses you have suffered to repair/replace the damaged items as a result of the flood.

With regards ***** ***** action i suggest you consider instructing a commercial recovery lawyer to bring the claim on your behalf in the event the landlord/tenant do not resolve your potential claim.

Expert:  Anthony Chendo replied 19 days ago.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe.

Customer: replied 19 days ago.

The council (leaseholders ) sent out a surveyor hence I know my leasehold insurance won't cover it. Would I have to get an independent surveyor report. Thankyou

Expert:  Anthony Chendo replied 19 days ago.

You may have to if you the initial surveyor is not prepared to release the report as the report will show the cause of the leak and perhaps who should have done something to prevent the leak.

Thanks

Customer: replied 19 days ago.

Ok thankyou. The previous surveyor was refused information on the source of the flood. If I get another surveyor more than likely haart estate agents will do the same. will this be a problem. Il ask the previous surveyor for his report, he was there on leaseholders behalf and leaseholders found that my leaseholders insurance didn't cover this particular incident.

Expert:  Anthony Chendo replied 19 days ago.

It will be an issue if the surveyors is prevented access to find out the source and if that is the case you may wish to file a complaint about the estate's agent's conduct to their independent adjudicator.

Customer: replied 19 days ago.

Is that the the property ombudsman? As iv followed haart estate agents complaints procedure to no avail.thankyou

Expert:  Anthony Chendo replied 19 days ago.

No, please ask the estate agent to provide this information to you because will be a member of a scheme( you can file a complaint too.

I hope i have clarified the position.

Thanks

Customer: replied 19 days ago.

That will be a problem then as haart estate agent refuse to talk to me they have done everything to complicate everything.

Expert:  Anthony Chendo replied 19 days ago.

I suggest you write to them requesting the information and put them on notice that failure to provide the information within 14 days will result in a complaint to your local council or court action. With regards ***** ***** action i suggest you instruct a lawyer to assist you to draft the relevant documents. this is because court action can be challenging and expensive if you get things wrong.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/