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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10395
Experience:  I have been practising for 30 years.
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I need some advise please regarding my daughters property

Customer Question

Good morning. I need some advise please regarding my daughters property down in London.
She recently purchased a ground floor flat and came home last night to find two rooms badly flooded from water coming from the flat above. The flat in question is tenanted. How and from whom does she seek financial recourse?
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

Do you know what caused the leak from the flat above?

Has the inundation now stopped?

Has anyone spoken to the tenant or the landlord of the flat above?

Customer: replied 1 year ago.
My daughter went straight to speak to the tenant who told her the washing machine had been pulled out and pushed back into place but obviously a pipe had become misplaced in the process.
Expert:  F E Smith replied 1 year ago.

Thank you. It is the fault of the landlord if it is some kind of defective installation. It is the fault of the tenant if it’s not a defective installation but the tenant has misused the equipment in some way which appears to be the case here.

Your daughter may have insurance to pay for the damage but she doesn’t have to do this through her own insurance. If the tenant has insurance, it is up to the tenant whether the tenant puts it to his insurance or not.

If he does not have insurance or refuses to put it through his own insurance, then your daughter pursues the tenant directly through the small claims court if necessary.

If doing that, she would need to get three quotations for having the work done and then get the work done, pay the bill, and then pursue the tenant.

Can I clarify anything for you?

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It does not cost you anything but helped me greatly.

Best wishes.