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HELP PLEASE: Landlord of another flat not fixing water damage he caused in my flat

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  • HELP PLEASE: Landlord of another flat not fixing water damage he caused in my flat

    Hi,

    We live in a downstairs apartment. There are three floors - ground floor, first floor and second floor.

    A month ago there was a water leak from the second-floor apartment that badly affected our downstairs flat. I was not at home when it happened, I came back two days later.

    Carpets have been damaged, doors have been damaged, and mould has started to grow on the walls now. I have also noticed cracks appearing on the edges of doors. There was water in one of the ceiling lights as well.

    We own our apartment. The landlord of the second-floor apartment does not have any tenant in it at the moment and (seemingly) does not have any insurance.

    The landlord’s letting agency is working on his behalf. Initially, they played down the damage and tried to bully us/manipulate us into accepting what they wanted to do, such as not replacing the carpet at all even though it was saturated with water and smelling bad.

    We stood firm and made it clear that if not all the damage is repaired, then we will take legal action.

    The letting agency then told us that the landlord would be going through the building management’s insurance, but when they learned that they would have to pay £10,000 as excess, they changed their mind and are not going through insurance now.

    The letting agency subsequently sent someone purporting to be a third-party assessor to look at the damage. But we did our research and found out that he was just another guy from another letting agency and was shady as well. His letting agency office was a unit in an industrial estate and his company is not even registered on Companies House.

    This so-called third-party assessor also played down the extent of damages and told us that we would get everything in writing regarding what work they would do to repair our flat. That was almost three weeks ago. We have not heard anything since then.

    So, what we have planned to do is this:

    We have got 3 quotes each for replacing carpets, decorating the apartment and replacing the doors.

    What we need advice on is this…

    We plan to send the quotes first to the building management company so that they can forward them to the letting agency/the landlord.

    The first question I have is to whom should we address in the email? The landlord or the letting agent?

    We think that the owner lives abroad and the letting agent is hiding that from the government for tax purposes. The letting agency is essentially a one-man team and he is very shady.

    The second question I have is how long should we allow for the landlord/letting agent to respond to our email about doing the necessary work. Would 14 days be enough for them to respond to us?

    The third question is if they do not respond within the time period, are we okay to carry out the work ourselves and then send them the bill to compensate us? And if they still do not respond or refuse to pay, can we then take them to small claims court?

    If someone could advise on this, I would be very thankful. We have never had to deal with such an issue before, so we are at a loss on how to proceed legally.
    Last edited by submon; 31st August 2024, 20:19:PM.
    Tags: None

  • #2
    1) pers id do both
    2) 14 days if company 28 if not
    3) yes SCC

    Comment


    • #3
      Do you not have your own insurance for buildings and contents?
      If so claim on it.


      Comment


      • #4
        Originally posted by JK2054 View Post
        1) pers id do both
        2) 14 days if company 28 if not
        3) yes SCC
        Thank you very much for your suggestion. Really appreciate it!

        I am in the process of sending a Letter Before Action. In the letter, is it necessary to write - 'To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem'. Also, if the defendant responds and says that he is willing to go through ADR, how exactly do I go on about it, please?

        Comment


        • #5
          [QUOTE=des8;n1687890]Do you not have your own insurance for buildings and contents?
          If so claim on it.


          That would only make my content insurance premium gp up? and I will have to pay an excess. Makes no sense to me really why I would be paying for someone else's fault, but thanks for your suggestion.

          Comment


          • #6
            You can claim the excess back from the third party (your insurers may even do it for you when (if) they claim against the owner, and a single claim shouldn't affect your premiums (if you are with a decent insurer)

            Comment


            • #7
              Originally posted by des8 View Post
              You can claim the excess back from the third party (your insurers may even do it for you when (if) they claim against the owner, and a single claim shouldn't affect your premiums (if you are with a decent insurer)
              Thank you. I have looked into all that. Not much there. Small Claims is the only way forward.

              Comment


              • #8
                Originally posted by submon View Post

                Thank you very much for your suggestion. Really appreciate it!

                I am in the process of sending a Letter Before Action. In the letter, is it necessary to write - 'To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem'. Also, if the defendant responds and says that he is willing to go through ADR, how exactly do I go on about it, please?
                no you dont thats waffle dont worry

                Comment

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