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Hello, I need some help with a case I brought against the management company for my BTL property because they are demanding a payment of £5000 (Insurance excess) from me because of a water leak inadvertently caused by my tenant during a water cut. I am challenging this amount because I believe I'm not liable as I didn't cause the leak and I also believe the charge is excessively high.**
They also stated that the excess is high because of lots of high value claims affecting a different building that has the same insurance policy (Completely unrelated to me).
The management company responded to the tribunal and they accept that my lease is silent on who is liable to pay the insurance excess,* but they said my lease requires me to keep the property in good repair( which I did), and also that "there is an agreement for the lessee to indemnify the lessor against all costs and expenses reasonably and properly incurred* in respect of or incidental to any action reasonably contemplated or taken by or on behalf of the lessor in order to prevent or procure the remedying of any breach or non- performance by the lessee of any of the said restrictions, covenants,* conditions,* regulations and stipulations to the terms of this lease"*
They went on to say that I'm responsible for ensuring that my tenant upholds the covenants of the lease and that I should have sought permission from them before renting out my flat (which I didn't because I didn't realise I had to).
In summary,* they are saying I'm liable because I'm responsible for ensuring my tenant upholds the covenants of the lease, so they are asserting that I broke the condition of my lease due to my tenants negligence as they are my responsibility.*
I therefore need to prove that I took reasonable care to ensure that my tenants complied with the conditions of the lease( which I did by ensuring that I did background checks on them and ensuring that they signed an AST contract).*
The judge has asked me to reply explaining why I object to the £5000 charge and why I consider it appropriate for orders to be made in my favour under section 20c landlord and tenant act 1985 and paragraph 5A of schedule 11.
I would need some help with this to ensure that my argument is compelling.*
*
They also stated that the excess is high because of lots of high value claims affecting a different building that has the same insurance policy (Completely unrelated to me).
The management company responded to the tribunal and they accept that my lease is silent on who is liable to pay the insurance excess,* but they said my lease requires me to keep the property in good repair( which I did), and also that "there is an agreement for the lessee to indemnify the lessor against all costs and expenses reasonably and properly incurred* in respect of or incidental to any action reasonably contemplated or taken by or on behalf of the lessor in order to prevent or procure the remedying of any breach or non- performance by the lessee of any of the said restrictions, covenants,* conditions,* regulations and stipulations to the terms of this lease"*
They went on to say that I'm responsible for ensuring that my tenant upholds the covenants of the lease and that I should have sought permission from them before renting out my flat (which I didn't because I didn't realise I had to).
In summary,* they are saying I'm liable because I'm responsible for ensuring my tenant upholds the covenants of the lease, so they are asserting that I broke the condition of my lease due to my tenants negligence as they are my responsibility.*
I therefore need to prove that I took reasonable care to ensure that my tenants complied with the conditions of the lease( which I did by ensuring that I did background checks on them and ensuring that they signed an AST contract).*
The judge has asked me to reply explaining why I object to the £5000 charge and why I consider it appropriate for orders to be made in my favour under section 20c landlord and tenant act 1985 and paragraph 5A of schedule 11.
I would need some help with this to ensure that my argument is compelling.*
*
