Rights of client/landlord repairs

[JohnnyK80]

Hi all,

I am currently advising a client and now have a complicated problem, so please bear with me....

The client lives in a ground floor flat which he owns (no contents insurance). The flat above is a housing association flat. This flat (the above one) had a flood which has broken through my client's ceiling and has flooded his kitchen, hence ruining everything. The housing association has been to assess the property but said they won't/can't fix it until mid November!

Does my client have any rights to speed up this process. It seems unfair that he has to wait 6 weeks for his roof to be repaired, through the fault of the housing association tenant. There is also a risk of damp - my client is already disabled (the housing association has not brought round any dehumidyfying/ventilation eqipment and my client cannot afford to pay for these repairs privately).

For what it's worth, my client is currently ina vulnerable position with both physical and mental health problems and is already on the edge trying to survive on £72.40 per week. I have completed a Community Support Grant form to cover the kitchen equipment that needs replacing but he will now be left with half a kitchen ceiling for 6 weeks.

Is there any legal advice out there? I'd be really grateful....

Thankyou in advance - JK

[des8]

Re: Rights of client/landlord repairs

Hi and welcome.
This is totally unacceptable behaviour on part of housing assoc.
You say your client does not have contents insurance, but the collapsed ceiling would be covered by building insurance.
If he has buildings ins. put a claim in under that policy/
If he doesn't have that cover you could tell the housing assoc that you will get in a firm of builders to put the ceiling right, and claim the cost against the assoc as they are liable.
Or if the property is uninhabitable (get local environmental health to confirm this) your client will be moving out into an hotel at their cost until they arrange repairs.
Also note you do not have to allow the assoc to carry out the repairs with their own labour.
The person whose property is damaged by a third party can arrange for whoever they want to put right the damage. The only caveat is that the injured party should mitigate the damage as far as is reasonable

[stevemLS]

Re: Rights of client/landlord repairs

Again Des!

If it is a leasehold flat buildings insurance is usually the responsibility of the freeholder. Get the details from the housing association, assuming they are the freeholder, and deal directly with the insurer.

The housing association are not responsible, their tenant is. A landlord is not responsible for the negligent acts of their tenant.

[des8]

Re: Rights of client/landlord repairs

We don't know who was responsible for the flood.
It may well have been negligence on the part of the upstairs tenant, but it could have been due to poor maintenance by the assoc.
As the assoc have already agreed to repair the damage I assume they have accepted responsibility, and so they are the obvious people to push!

Again IF a leasehold, yes, USUALLY insurance is effected by freeholder. You assume the assoc is the freeholder, but the OP's client could own the freehold of his flat (we don't know) so would be a party to any buildings insurance and could claim upon it.

If the freeholder is the Assoc, and they have effected the necessary buildings cover, why do you think the insurers will deal directly with a third party?

[stevemLS]

Re: Rights of client/landlord repairs

Because the leaseholders are the ones to benefit from the buildings insurance.

Very few flats are held freehold, they are generally unmortgagable if freehold.

But, agreed, I have made some assumptions, as indeed have you.

Not sure why a professional adviser is seeking legal advice from an internet forum in any event

[des8]

Re: Rights of client/landlord repairs

Yep! we both are making assumptions
We don't know if the buildings are covered by Landlords Building Ins, Freeholder block Ins or Leaseholder Block Ins (or if they're covered at all) so we can't guess at who can make a claim under the policy.

Professional advisers have to get their advice somewhere, so where better than LB?:colbert:

[stevemLS]

Re: Rights of client/landlord repairs

I suppose I know doctors who have googled symptoms before today - same sort of thing I guess.