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J.Ustinovskaya
J.Ustinovskaya,
Category: Property Law
Satisfied Customers: 24
Experience:  Expert
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Water leak in a kitchen floor, United Kingdom, customer is

Customer Question

Water leak in a kitchen floor
JA: What state are you in? It matters because laws vary by location.
Customer: United Kingdom
JA: Has anything been filed or reported?
Customer: customer is planning to use another contractor to refit her floor. I want to be able to see actually how damage is needed for repair
JA: Is there anything else the Expert should know before I connect you? Rest assured that they'll be able to help you.
Customer: all I know is some Wooden floor got wet and has risen through damp. But not but area. However the customer has used another contractor and he has decided he needs to remove and replace the entire down floor area, all repainted of the walls, and replace the architraves and such like. Cost of £8k. He will not let us in to see how this work needs.
Submitted: 14 days ago.
Category: Property Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  J.Ustinovskaya replied 13 days ago.

Dear Client, sorry to hear about the problem with your customer. If the customer blames you that you caused the damage to his floors, you have a right to see this damage and to repair it at your expense. If the customer refuses to give you access to the property and show you the damage, this weakens his positions and he may be unsuccessful in claiming damages from you because he did not properly mitigate his damages by not allowing you to rectify it for free or for a lesser amount. Please write a letter or official message to the customer asking the access to his property to see the volume of the damage and to find out the cause of the damage, if it was caused by you or not. Having received an official request from you, your position will be stronger in this dispute.

Hope this helps. Please feel free to ask me further questions if you have any.

Kind regards,

Julia Ustinovskaya, solicitor

Customer: replied 13 days ago.
Hi. Thanks for your reply. We agreed that the water leak was caused by our employees working in her kitchen. We know roughly how much was caused. The problem is that the customer has decided to use a different supplier to fix the floor. The person then rang me to say he has to remove all the complete floor and reinstate with a complete new floor (and walls etc). He said we will have to pay him, and he won’t let us do our right to fix this. I believe we should be allowed to fix this. If we cannot fix it THEN she customer can find another person. But not before we can do our part.
Expert:  J.Ustinovskaya replied 13 days ago.

You are right, you should have been allowed to see the damage and fix it. Do you have photos of the damage or other evidence? You may offer to the client a compensation that you think is reasonable, based on your own calculations. As the client knows that he deprived you from visiting the property and fixing the floors for free, it would be hard for him to prove the amount he demands from you.