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Category: Property Law
Satisfied Customers: 33540
Experience:  Barrister at Self Employed Barrister
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I own an apartment in central London which is rented out in

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I own an apartment in central London which is rented out in a 6 months contract. It is located in a big block with lots of flats. I am living in Malta. I am not very often in UK.
At beginning of August a damaged waste pipe in the shower of my flat 82 caused serious water damage to flat 78 (below my flat 82). There was no negligence on the part of my tenant.
As soon as the damage was reported, the damaged pipe was immediately repaired and the water flow stopped.
The water inflow must have happened over a long time (The owner of 78 was most probably for several weeks not in his apartment). beside the heavy damages to ceiling and walls also part of the contents was damaged (bed and matrices moulded, carpets moulded, etc).
I was told that the building insurance (included in the maintenance of the block) will cover the repair work of fixture and fittings (ceiling etc). it will not cover the contents.
The owner of 78 has no home insurance (for contents). I have no separate insurance.
I received a threatening email by the owner of 78 claiming damages of GBP 30,000 and threatening litigation.
My questions:
Am I liable for the damages? Is my tenant liable for the damages (even if there was no gross negligence on his part)?
What should I do at this stage?
Is there any kind of surveyor/professional I should send in to assess the damage?
Have they justified the sum
Customer: replied 2 years ago.
no. they did not.
I just called owner and asked for invoices.Can you please tell me: can I claim gross negligence on their part since they did not visit their apartment for 6 weeks and that is why the water caused so much damage?Also: do I have to pay a new replacement of the damaged furniture or only the time-value of the damaged furniture?
You need them to justify their claim and you can claim that they have incurred greater losses as a result of their failure ti maintain the property (i.e. be away for 6 weeks). They would have to prove the claim as they would an insurance claim - justify each and every item - you are not renewing you are simply putting them back as they would have been save for the leak. Happy to discus. Please rate positively. Thanks
Customer: replied 2 years ago.
Thank you ! I will rate positively. One last question.I am very sure this will end in court.Could you recommend a litigation solicitor who is reasonable priced?
It is difficult to recommend any specific solicitors - but in some ways you would want one who has an experience ideally in both litigation and insurance work. I attach a link to the law society website where you can also find one locally to you - remember to rate positively - thanks
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