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Private owner of maisonette looking to sue council for property upstairs

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  • Private owner of maisonette looking to sue council for property upstairs

    Hey,

    So i require some advise on behalf of father.

    The area my dad lives in was all privately owned until the council notified everyone that they want to purchase the properties to knock them down to turn into flats.
    Now most of his road are council owned maisonettes however, he still privately owns his apartment.

    He is currently in the process of selling his place but now this may be on hold.

    For over a year, he has complained to the council about the flat above which has a leak in the bathroom. He has contacted them via phone and email (for proof). Several times someone has come out and their reasoning was "condensation" , despite his bathroom being flooded by upstairs last xmas. The council eventually barely replied. He has made it clear its an emergency but they aren't interested.

    On friday, he notified them that its bad and he is scared that the ceiling will fall through but again, no luck.

    On Sunday, he heard a crash... the ceiling has now fallen through. (Pictures attached).

    https://ibb.co/7R2m6gB
    https://ibb.co/pxVqnWz

    I've got the full email trail to the council but now people are responding with fear. I've officially complained on his behalf and emailed local councillers who are responding and escalating.

    There is obviously significant damages to the property, my father is also physically disabled (which he made this clear) but had to clean up the mess so is now bed bound & the stress over the last year hasn't helped him.

    Him and his wife are scared to use the bathroom for any purpose incase this happens again. If he was in the bathroom at the time, this could of been life threatening due to the weakness in his back/next.

    Any advise on the best next steps to have this resolved, compensated and under what would be advised.

    Thank you
    Tags: None

  • #2
    The obvious first port of call is via your father's insurer.

    NB liability may well rest with the upstairs tenants, not their landlord.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for the reply.
      I spoke to the insurance but unfortunately there is no legal cover included.

      The council have accepted liability.

      Comment


      • #4
        That is good news. Hopefully the council will now fix things - your father's ceiling and whatever needs to be done upstairs to stop the problem.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          I believe they will.
          Regarding being compensated for this issue and potential health risk, what is the best way?

          Comment


          • #6
            Tell the council what you expect, and ask them to pay that sum.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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