How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8383
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Property Law Question Here...
Jeremy Aldermartin is online now

Our flat was damaged by flooding due to a blocked drain

Customer Question

Our flat was damaged by flooding due to a blocked drain 5mths ago. Our tenants have complained and moved out and we have been unable to get the management companies insurance company to approve the repairs and are dragging it out. The property is empty and we are covering mortgage repayments.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no, just obtained a quote from a builder and insurers took it from there
JA: Where is the flat located?
Customer: Bow, London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 18 days ago.
Category: Property Law
Customer: replied 18 days ago.
What action can we take ie can we go ahead and make good on the flat so we can put it back on the market?
Expert:  Virtual-mod replied 18 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:  Jeremy Aldermartin replied 17 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 17 days ago.

Is this a leasehold property?

Customer: replied 16 days ago.
Expert:  Jeremy Aldermartin replied 16 days ago.

Ok, so your best option is to bring legal action against the freeholder and the management company acting on their behalf for a failure to approve the repairs in a reasonable time period and by extension breach of the leasehold agreement i.e. breach of contract.

If you want to bring a legal case you should complete a claim form using form N1 here: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Once done send it to your nearest county court: https://www.gov.uk/find-court-tribunal

You will need to contact them and pay the issue fee.

If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case property law.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 16 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day