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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 11588
Experience:  Senior Associate Solicitor
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I OWN A TOP FLOOR FLAT. THE ROOF OF THE FLATS HAS LEEKED

Customer Question

I OWN A TOP FLOOR FLAT. THE ROOF OF THE FLATS HAS LEEKED WHICH HAS CAUSED DAMAGE TO CEILING IN FLAT. tHA MANAGEMENT COMPANY HAS FIXED OUTSIDE OF ROOF AND SAY WE NEED TO GO THROUGH THERE INSURANCE TO REPAIR CEILING INSIDE WITH A EXCESS CHARGE OF £275.00. mY ARGUMENT IS THE MANAGEMENT COMPANY SHOULD PAY THIS NOT ME
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: ITS HAS BEEN DELT WITH THROUGH PAUL DUBERLY THE ESTATE AGENTS WHO MANAGE FOR US
JA: Where is the flat located?
Customer: BILSTON, WOLVERHAMPTON
JA: Anything else you want the Lawyer to know before I connect you?
Customer: NO THANKS
Submitted: 6 days ago.
Category: Property Law
Expert:  JimLawyer replied 6 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. I note the dispute with the management company. They are tasked with ensuring the property is in a good state of repair and you should not be penalised here. You can involve the First Tier (Property) Tribunal who will consider the case and they have the power to order the management company to deal with the repairs. First of all, tell the company you plan to go to the Tribunal unless they confirm they will deal with the repairs. Give them 7 days to confirm. If they do not confirm or they refuse, you need to make an application and fill out the following form : https://www.gov.uk/government/publications/form-leasehold-6-application-for-an-order-that-a-breach-of-covenant-or-a-condition-in-the-lease-has-occurred
Then send it by post and email:***@******.***
Address: HM First Tier (Property) Tribunal, Centre City Tower, 5-7 Hill Street, Birmingham, B5 4UU
Telephone: 0121(###) ###-####br>The form requires a fee of £100 payable to "HMCTS", unless you qualify for a fee exemption (if you are on a low income, have low savings or in receipt of benefits) - in which case simply fill out the EX160 form too and enclose it with the first form. The court will then consider the evidence and make a decision - if a hearing is required the Tribunal will contact you - it is likely the hearing would take place by telephone due to Covid-19.

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Expert:  JimLawyer replied 6 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 6 days ago.
Thanks Jim, just to make things clearer we rent the property out and the management company are saying they will pay for repair but we need to pay the excess. Which I don't think we should as the leek was from the flashing on roof. This is second time this has happened and previously this was all sorted bt the management company free of charge
Expert:  JimLawyer replied 6 days ago.

Yes, thanks, ***** ***** is the charge the management company are trying to put on to you as owner of the flat. I think a threat to involved the Property Tribunal would get the result you need here - it sounds like the management company are not doing a great job from reading between the lines.

Customer: replied 6 days ago.
Thank you so much for your reponse
Expert:  JimLawyer replied 6 days ago.

My pleasure, have a good evening