SMF - Just Installed!

Damage between tenancies

Started by Newlandlord, March 14, 2017, 06:06:19 PM

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Newlandlord

Hello to all,

My flat was empty for 2 months. It's a flat in a building, ground floor, first (mine) and second floor.

I use the services of an estate agent to find new tenants.
When the previous tenants left the flat everything was ok.
Some weeks later, when the estate agent went to the flat for a viewing, it was water coming down from the lamp in the ceiling and it was a puddle on the floor.
We called to a plumber to repair that. he spoke with the people living in the flat above (they are tenants) and he said it was a pipe from them but the tenants didn't want to give the landlord details.
I contacted the maintenance company (the one who charge us the service charge) and they didn't receive reply from the landlord.
10 days later, again, my estate agent went to the property and it was even more water on the floor. I contacted again the maintenance company and the landlord repaired the leak.

But now the laminate floor is damaged. It's a stain on the floor, more than 1 metre circle. I changed the laminate floor one year ago, then it's quite new.

The new tenants just move in, it's not empty any more, and I don't want to disturb them.

I contacted the insurance for the flat and they told me the excess is GBP 1000.00 but I think I shouldn't pay this amount because it was not my fault. He suggested me to change the floor from all the flat but I don't need to do that, just I want to replace 4 damaged laminate floor panels.

The maintenance company told me that if I can pursue them via the civil court but they are unable to give me the landlord details under the Data Protection regulations.

What do you think I should do? what do you think is the best course of action?

Many thanks,

heavykarma

Get the 4 laminate panels replaced,probably cheaper in the long run than fighting legal battles.Not fair, I know.

theangrylandlord


The maintenance company are not liable for the leak/damage to your property the upstairs landlord is
You can only pursue the maintenance company under contract and I'd be surprised if they took on that liability.  They are a maintenance company not an insurance company.

You maybe able to get the details of the landlord if you wish by a search at the Land Registry.
You could ask your insurance company to chase the landlords insurance company but the excess might still apply.

But you've spent more time on this than you should have by even posting this.. ;D

Replace the flooring if you can in that area or buy a rug...move on.
Agree - not fair.

andkay

You can find out who the landlord is by searching the Land Registry.  Assuming they are the lease holders of the upstairs flat.  There is a small charge for this.  You can get a copy of the register and this will detail who the lease holder is.  It won't give you his contact details but you could ask the maintenance Company to forward letters to him.