Property / Neighbour dispute

[MargyG]

I so appreciate your opinions, i don't want to abuse the forum by asking for assistance if I'm not entitled to it but Knowing what to ask makes me feel more confident that it is right to want to understand the claim thank you, I'm going to write to the other owner
M

[Diana M]

i don't want to abuse the forum by asking for assistance if I'm not entitled to it but Knowing what to ask makes me feel more confident that it is right to want to understand the claim

You can ask as many questions as you like

At the moment there is no claim and the aim is to keep it that way.

When you get this issue sorted then you may wish to ask whether your Freeholder has been doing everything by the book when it comes other Service Charge costs and your leasehold responsibilities if he thinks he can be the 'decision maker' regardless of what's written in your lease.

How many flats are there in the block/property? Have any other lessees considered whether they would be entitled to enfranchise the Freehold so that you all become the decision makers?

Di

[MargyG]

Hi They are more interesting ideas, the development has 2 blocks of flats 12 in total and 4 houses which I think are generally known as 1/4 houses as they are all in one block, I'm not sure how many are owner occupied, but there are 2 of us in my block the other 4 are tenanted, in the second block I think that there are a maximum of 2 o/occupiers possibly just 1 though and the houses are 2&2 I think so out of 16 dwellings approx 1/3 are owner occupied.

[MargyG]

I have heard from HM Courts & Tribunals Service that a money claim has been made against me in respect of this dispute, I have to respond before 23 July. There is very little detail on the form so I would like some reassurance that My response should provide full details of why I am disputing the claim? Thank you in advance for any suggestions / opinions

[ostell]

First thing to do is acknowledge the claim using the details and password on the form, do ti NOW. Do not put anything in the defence. This gives you 33 days from the issue date to get a defence to the court.

What are the particulars of Claim?

[MargyG]

OSTELL, Thank you, the date on the letter to reply by is 4pm 23 July. I have created an account as you suggested Thank you.
The details of the claim are that the owner of the ground floor flat -which is tenanted - below mine ( I am the owner / occupier of a 1st floor flat) is making a claim for £250 insurance excess plus £25 claim costs.
The reason she states is that at a leak from my flat into hers has caused damage she states that there was water running down the walls and leaking out of the light fitting, which was not found until a week after it had happened as her tenant was away. She claims there was significant damage.
This has been on-going since Sept 2017 I have written to her explaining that this was a maintenance issue as there was a small split in a couple of inches of the shower tray seal. I have asked her to clarify how they knew water was coming down the walls and through the light fitting if no one was there.
She sent an invoice from her decorator asking for the excess payment - I have outlined this in the thread.
I asked about her claim. I have seen no evidence of anything from the insurance company or anything.
If I felt that this was my responsibility I would absolutely agree to pay, however it seems very dubious to me as I know that she has written to the tenant previously regarding the poor condition specifically of the loo and the bathroom and I believe that she has taken this opportunity to have the bathroom re decorated etc. by making a claim on her insurance.
A couple of years ago there was a leak from the 2nd floor flat above mine into my kitchen from theirs due to the washing machine leaking, the leak dried out quickly and there was minimal brown staining on my kitchen ceiling which I easily re painted.
It was a sudden and considerable leak which I believe is completely different to a small escape of water from a split seal.
I appreciate your response