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axil23

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Everything posted by axil23

  1. Thanks. Will sit tight. Why are they involving their Insurance company solicitors? I thought this would down the Small claims court route? Is there any chance I could end up being charged their fees?
  2. Received an email from the LL's Insurance claim agent to say that they have got my email and have forwarded it to their insurance broker so that legal cover can be engaged. He is the same guy who emailed me at the start to say that this was an act of god so I would need to claim from my own Insurance. He is not his Insurance broker or been appointed by a company so I am not sure why he is emailing me. Maybe his acquaintance? What does he mean by Legal cover? I never mentioned anything legal in my letter. Just a simple this is what happened and if you can settle up for the attached invoice please. Nothing aggressive at all. What should I do next?
  3. Got the following reply from agent. This is their answer to my request for LL's information while stating the Housing act guidance mentioned earlier. Would it be ok to serve the invoice through the agent? Or should I do both? Land registry address and this?
  4. Yeah I have email correspondence from 2020 about a leak. It took them a month to fix it after 5 email reminders that time too. Luckily the ceiling never fell so I didn't take it any further. Still cost me to get the bathroom painted again. Have sent them the SAR request which they have confirmed receipt of.
  5. Ok understood. You are right I should be calm about this. I will forward the invoice to the agent and ask them to settle it and wait the 28 days. In the meanwhile lets see what happens with the LL details from them. Will keep you posted. Thank you once again for your guidance.
  6. What happens if they don't? Its clear the LL has given them direct orders not to give my address as she acknowledged my last two emails before today and said she has asked the LL to contact me direct. The LL's address on companies house should be the right one? I was thinking of sending letter now and giving them 14 days to answer and in the meanwhile after around 12 days the agents time should be up for supplying the address. If they supply a different one then I can send letter again and if they give the same one as companies house I haven't lost any time.
  7. Nothing. I sent her a email quoting Landlord and Tenants Act 1985. No reply from them. I have managed to find the LL's details via companies house and my lease. I am sure the companies house ones must be up to date. Work was finished today and I was thinking of sending a letter before action tomorrow. So on this letter do I need to go into details about who was informed about leak on what date or make it a simple letter with what damage was caused + what they owe?
  8. Looked at the lease and it basically states that all repairs above the beams are his issue. But it also states that in case of any disputes it is to be decided by an independent third party – an arbitrator appointed by either the Presidents of the Law Society, the Royal Institution of Chartered Surveyors, or the Institute of Chartered Accountants.
  9. Done that. Its getting fixed today. Got 2 quotes and went with the cheapest option. Would have got another quote but no one else was willing to do the job so quickly.
  10. I know what you mean but this is now the 3rd time that its happened and every time he/she doesn't do anything to help. £600 is a months worth of rent to me so worth the effort that it will take to hopefully get it back. Plus hopefully they won't let it go on for almost 2 weeks the next time. There have been situations where my flat is on top which did some damage to the flat below. I get someone out within 24hrs and repair all damage that it caused as its the right thing to do. I really appreciate everyones help on here. You guys are fantastic. Will take a look at the lease and post here shortly.
  11. Ok thanks. How would I know that the address I find on the land registry is an up to date one though? The property last exchanged hands 20 years ago according to right move. Shall I wait till the 21 days is up and remind the agent of their duties?
  12. I will take a look at the lease when in office tomorrow. In regards to the address of the LL what if the one on land registry is an old one, he could have moved house or it could be an old business one? Just thinking if I send him letter of claim and then MCOL documents to wrong address then what would happen? Is the claim void? Anyway to verify it? Also can I claim for compensation/rent relief that I will negotiate with my tenant for the inconvenience?
  13. In terms of proving negligence, I have email proof of the various times emails sent to the managing agent asking them to get the work done. I also have a email from them to say that the person looking after this has left the company hence why the delay in getting fixed. This email was sent to me 8 days after my original email. Being a company someone leaving them shouldn't excuse them of the liability? If they had the work done within a few days the ceiling wouldn't have fallen. Other then that I can't prove what the actual issue was as they never told me. But there are no pipes above that area that supply water to my flat and it was only happening when they were using the bath. Do I MoneyClaim against the agent or LL?
  14. Thank you for your reply. In regards to the Insurance question we both have separate insurance polices. Thats just the way it works with Tyneside flats. 1. You're the leaseholder of the bottom floor flat. You pay a Service Charge (and potentially Ground Rent) for upkeep of the communal areas (stairwells etc) upon demand. Its a Tyneside flat so does not have communal areas or any annual service charges.. Here is a great explanation of the leases on these type of properties. Its basically a terraced house thats been converted into 2 flats decades back. 2. The leak came from the demised premises of the upper flat, and was not a communal pipe (i.e shared by both flats) Yeah. It came from the bath which is above my bathroom. There are no pipes from my flat there. 3. You do not know the details of your landlord (i.e. the freeholder) No. I have requested these a few times from agent via email but they refuse to give it to me. 4. There is a managing agent for the communal areas of the flats (not the letting agent, someone appointed by the freeholder to manage day to day issues). As per above no communal areas. Two seperate entrances to two different flats from the main road.
  15. Just to clarify on two points The insurance agent who emailed me is an independent and does not work for LL's insurance company. I have requested LL's details from the property agent and not the Insurance company. They are not providing me this.
  16. I am the owner of a Tyneside flat which is designed as a 3 bed flat upstairs and a 2 bed downstairs on a Terraced street. So if you can imagine a normal terraced house but purpose converted to 2 flats decades back. To make things easier I will post in a timeline. 9th of October - I informed the letting agent who manages the property above mine that their bathroom was leaking into mine. I was promised some action but nothing was done. 9th till the 17th - Sent the agent 3 emails and made 3 phone calls. 17th - I get a email that the person looking after this has left the company and thats why nothing has been done. Various emails are exchanged over the next couple of days as to what exactly is happening. 18th - The ceiling in the bathroom falls down and this is informed to the letting agent via email. 19th - Reminder is sent as nothing has been done. 20th October - The works to fix the leak are done and I am advised that the Managing agent has informed the LL about the damage and a quote for fixing it has been passed on to him. 25th October - I contact letting agent to ask for an update and am informed that the LL has asked his Insurance company to deal with this 1st Nov - Email for an update as nothing has been done. 2nd Nov - Get a email from a Insurance claims consultant that says - 2nd Nov - Request LL details so I can communicate with him direct and come to an amicable resolution. 6th Nov - Request LL details again and get a email back to say they have asked the LL to get in touch which he hasn't. I have spoken with my Insurance agent and he says that I will be liable for a Escape of water excess of £400 if I claim on my insurance. Plus he raised doubts about whether its a Insurance claim that I should be making with my company as it was not an act of god as such rather negligence on the LL's and agents part that work wasn't done to resolve the leak in an acceptable time frame. The damage was caused by the leak happening every time they took a bath over the 9 days. Which for a 3 bed you can imagine would be quite a bit. Anyway he didn't say whether it was or wasn't a claim as that's for an insurance company to decide and pursue. My Tenant is not a happy bunny that its been a month today since she reported this to me and wasn't able to use her bathroom for days when it happened. She is fishing for rent discount which is another matter and I will probably give her something as she is a very good old tenant of mine and I feel for her. Since I was made to wait under the impression that the LL would get my damage fixed I haven't done nothing about it. I am in a situation now that if I inform my Insurance company the process before the ceiling is fixed would take 2-3 weeks which is too long for my tenant. I would rather get the work done myself this week for which I have taken 2 quotes of around £500-600. Do I have any legal options to pursue this in Small claims court?
  17. I wasn't aware. Do you mean I am doing something wrong by asking for advice and giving out technical information? If so I can stop.
  18. This has been going one for months now. The message I sent was 2 days back before I came here seeking advice.
  19. Ok. Understood I have sent off the H&S form. Also told the tenant upstairs not to use bath till its fixed but they aren't listening. Am I allowed to turn off the water if they use the bath again before its fixed? I realise that water is a necessity but I am more worried about the wet electronics as that could cause more serious issues.
  20. Wet electronics are in my flat. If you can imagine a terraced house. So their bathroom is directly above mine. Basically between their bathtub and my ceiling is 18mm timber floor and then 12mm plasterboard. If their bath leaks upstairs all water falls directly below onto the ceiling. The plasterboard above the taps area of the bath has fallen. The rest of the water is running on the plasterboard and finding its way to the lowest place which is the hole is for the ceiling lights. My reply to them was - See pictures attached of where the leak is coming from and the ceiling which fell down earlier today. If you don’t resolve this within 24hrs from now I will have to get the work done myself and claim the expense through you. As you can see the water is coming from the bath upstairs so how can this be my responsibility?
  21. AIRE Team is there point of contact for tenant and LL to report repairs. H&S = Health & Safety I am guessing he is saying my responsibility as they won't carry out any work on my flat downstairs due to it being company policy. Wet electrics are the ceiling light directly below the bath and 4ft away in the pantry is a fridge freezer which is also wet. The electric fusebox is tripping due to this.
  22. My original email to ask them to pay if I do the repairs When I asked them if they will repair the ceiling Reply to my email for access yesterday This is not acceptable as its an emergency and 48hrs will take us into the bank holiday weekend. Do I need to fill in a H&S or can I get access today as its urgent and the electrics are wet.
  23. No reply to email so far. I sent it last night so I guess should give them till end of today?
  24. I am organising the 2 x upstairs and 2 x Downstairs quotations by tomorrow. Will be in touch as soon as I have these. Honestly thank you once again. You guys are so helpful.
  25. Understood. Sent email to gain access times for workmen to quote
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