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How to fill in a small claim form? - Damage to property


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Hi all, im not sure if im in the right place but here goes

 

Im ground floor tenement block , My upstairs neighbor flooded me. I had no insurance (cancelled because i lost my job), I reported the issue to tenant above, who told me he was just leasing property - i contacted the letting agent and all they did was repair the cause of the leek in their flat, I was left with a damage in my cealing, they did nothing.

 

I wrote to them re problem as the damage was a direct cause of the flat above, owner is refusing to communicate. I cant afford the repair... I thought if i send a final letter and enclose a small claim form he take it more seriously. I found forms for small claim online but have no idea how to work them?

 

"Damage from property above to my property and he is refusing to rectify damage? " or is there better wording i could use?

 

any help i would really appreciate it

 

thank you x

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I wouldn't send a claim form with the final letter.

 

I would send a Letter Before Action giving them 14 days to pay.

 

I presume you have got a written estimate for the work required?

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thank you for response, I have done all that - I wrote to letting agent advising I would report them to Property ombusman, I wrote a letter to owner saying that i would take legal action aswell as seeking to get their landlord registration license revoked - No response, Ive tried nice, then tried to be firm - but nothing :(

 

I found following information and quoted it in letter

 

The Tenements (Scotland) Act 2004

 

Section 8 Duty to maintain

 

(1)Subject to subsection (2) below, the owner of any part of a tenement building, being a part that provides, or is intended to provide, support or shelter to any other part, shall maintain the supporting or sheltering part so as to ensure that it provides support or shelter.

 

(3)The duty imposed by subsection (1) above on an owner of a part of a tenement building may be enforced by any other such owner who is, or would be, directly affected by any breach of the duty.

 

(4)Where two or more persons own any such part of a tenement building as is referred to in subsection (1) above in common, any of them may, without the need for the agreement of the others, do anything that is necessary for the purpose of complying with the duty imposed by that subsection.

 

Section 10 Recovery of costs incurred by virtue of section 8

 

Where—

(a)by virtue of section 8 of this Act an owner carries out maintenance to any part of a tenement; and

(b)the management scheme which applies as respects the tenement provides for the maintenance of that part,

the owner shall be entitled to recover from any other owner any share of the cost of the maintenance for which that other owner would have been liable had the maintenance been carried out by virtue of the management scheme in question.

 

I have printed off a court summonds form but no idea how to put my point accross, was going to send a copy to landlord to hopefully prompt a response

 

any help would be much appreciated x

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im in scotland.....

 

all i need help with is the details of claim

 

do i just put

 

"Damage from property above to my property and he is refusing to rectify damage? " or something better worded

 

please help

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Since you are not actually issuing a claim you can put what you want but as above it does look silly sending a dummy claim.

 

As asked above do you have quotes for the work required?

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Careful about using the correct forms. The English and Scottish court systems are different. See http://www.scotcourts.gov.uk/taking-action/small-claims.

 

I do not litigate in Scotland but I imagine that, like in England, you are expected to send a 'letter before action' explaining yourself. The Scottish Small Claims guide on the link I posted has a few draft LBAs you can look at.

 

You need to explain a bit more about the basis of your claim. At the minimum, you need to explain (1) that they were under a duty to maintain the property properly, (2) that duty was breached because of the water, and (3) you have suffered loss as a result. You should state how much you are asking for.. get a written quote to fix it if you haven't already.

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I have no experience in housing issues but confirm who the defendant will be, the chap upstairs or if applicable the letting agent

 

It is normally the letting agent who has responsibility on the upkeep of a property if they are the managing agents

 

But please confirm as i am using an educated guess on this

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