Freeholder problems: Court Summons

[Kangar00]

I was wondering if someone could assist with some advice. My freeholder has issued summons against me for 'service charges' (according to sols letter) of £1265.00. I am a full time student and dispute the charges and cannot afford to pay it. The claim relates to a leak (accidental) from my flat to the flat below. As the flat was damaged below the freeholder repaired the damage and tried to claim it back from insurance , however the insurance wouldnt cover it (tried to get out of paying out) and so the freeholder is making me liable. I do not accept I am liable as it was unforseen and the policy clearly covers for third party liability. However the freeholder wont add my name to the insurance documentation (despite the lease clearly saying to do this) and thus I am unable to discuss anything with them due to data protection.

My query is in relation to court letters received from the pursuing solicitor.

The first one stated I must pay £1265.00 plus a letter cost of £120 and attached a photocopy of independent advice contact places (e.g. Citizens Advice Bureau) I could contact. I contacted this solicitor to tell them I do not agree with the charges and that the cost in dispute is £870 as I had paid £260 (what I had agreed to pay all along). I also then stated that I would like to invite mediation rather than via courts, as the matter is under dispute. The solicitor got annoyed at me via telephone for responding on the last day before the deadline he had set and also his client was unlikely to look towards mediation . The freeholders solicitor then contacted me again (ignoring my written request for mediation) stating I now owed £1760.00 plus their obligatory letter charge of £120 which must be paid within 7 days otherwise they commence court action.I ignored this letter as couldnt understand why the numbers were contstantly changing and since they had ignored my request for mediation.

I have received a MCOL claim form . the claim form doesnt list particulars of the claim but the amount is now £1315.21 plus court fee and solicitors costs of £150. I have made an acknowledgement of service online. The form says the freeholders solicitor will provide me with separate detailed particulars within 14 days of service. I cant afford expensive solicitors as Im a student and have no money. Please can anyone offer any advice on what I can do in relation to this. Ive checked my lease and the landlord is able to recover legal expenses in relation to debts as a service charge in arrear.

Please can someone assist me with what to do and if they think the Freeholder has a valid claim

Thanks for any help.

[des8]

Re: Freeholder problems: Court Summons

Hi and welcome to Legal Beagles.

I think we need some clarification before being able to advise.

1) is the "freeholder" your landlord?
2) can you post up a copy of your lease? (first removing identifying information)
3) what was the "accidental leak", how did it occur.
4) presumably you do not have a tenants insurance policy?
5) how much is the claim for damages to the lower flat and have you been given a copy of the bill?
6) how many quotes for the repair were obtained and have you seen them?

It does seem odd that the landlord/freeholder's insurance company declined the claim. However if the Insurance co. had paid they could in turn have tried to obtain reimbursement from you, although less likely to do so.
I'm really wondering why they declined the claim.

If for starters you can post up the info as above, plus the solicitors letters (all redacted), it can be looked at while awaiting their particulars of claim.
At that point further advice will follow

[Kangar00]

Re: Freeholder problems: Court Summons

Hi sorry for delay thanks here are the replies

1) the freeholder is my landlord , yes
2) Been trying for ages to post this (hence delay in responding) but I dont know how to post up a lease without identifying info as its in pdf. I do have it though. Please advise how I can block out ID info if poss
3) On the balance of probabilities the accidental leak occured via a sub-tenant I rented out my leasehold interest to on an Assured Shorthold Tenancy basis. However the cause has not been established with any certainity
4) I do not have tenants insurance and neither does my sub tenant (she has left the property now and doesnt live there anymore)
5)The claim was for £820 damages to repair of flat of ceiling below plus the balance of the insurance. The reason I havent paid the insurance balance they are claiming is that I have always paid 20% share for insurance. However since the leak they are now demanding 33% (3 flats in building so a third of the share) . There is no justification except that previously there was a special agreement to pay 20% and this is no longer the case. Therefore the balance of 13% is still outstanding. No evidence of this has been given and it wasnt mentioned on purchase of the lease to me nor my solicitor.
6) There was only 1 quote for the repair which included repair to my flat. I accepted the repair to my flat to minimise the chance of future leaks but denied accepting the balance of costs to repair of flat below,which I believe should either be covered by block insurance or chased by the owner of flat 1 against my sub tenant

[des8]

Re: Freeholder problems: Court Summons

I haven't a clue how to redact a pdf....... almost completely computer illiterate
Hopefully someone on here can help, or if your concerned about privacy join the VIP Forum where you can post where it won't be seen by general surfers.


What were the exact circumstances of the leak? Was it water pipes or tanks or roof or WHY?
You say "on the balance of probabilities the leak occurred via a sub-tenant".
Does this mean no one knows who was responsible and it's a best guess?
If it is not possible to allocate responsibility.....

Of course if your lease puts responsibility on you, you would be liable, But assuming your sublease was watertight (no pun intended) you'd be able to claim against your tenant (assuming they were worth pursuing)