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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 10338
Experience:  Dual qualified Solicitor and Attorney
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I own a first floor flat. The ground floor and the top floor

Customer Question

I own a first floor flat. The ground floor and the top floor are owned by the freeholder. We have had several leaks from the top floor to my flat, however the freeholder has not kept his promise of redecorating the water damage to my flat.
Recently, there was a leak from my flat to the ground floor flat and the freeholder texted me asking me to get electrical checked and also wrote that he will access damage and see what we need to do. I went to check but there is no visible damage to anything. The paints and carpets are fine and we had the electrical checked which are all fine. Now the tenant is after me to repaint her room and get the carpet cleaned professionally whereas it is clear to see that the carpet is black from everyday usage and there is no water marks or anything. Also the owner of that flat has not repainted my ceiling whereas my ceiling clearly shows water marks and damage from the several leaks from
Top floor to mine.
What are my rights here?
Thank you
Submitted: 10 days ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 10 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 10 days ago.

In essence you do not need to repay any costs of say the repainted walls if there is indeed no damage. If the freeholder has failed to pay the costs of the damage to your property then you can bring legal action against them for that. You would need to obtain some quotes for the cost of the work. Then write to them and ask them to repay the costs within 14 days or face legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I trust this assists

Customer: replied 10 days ago.
Thank you. That’s was useful.
Expert:  Jeremy Aldermartin replied 10 days ago.

Happy to help, take care