Damage caused by negligence of property agent

[stu007]

Hi

What I would also consider is sending that Landlords Letting Agency that you have been dealing with in this matter a Subject Access Request (SAR) requesting 'ALL DATA' from when you reported this matter to them initially to date. (you want to see what they have been up to.

They then have 30 Calendar Days to respond and that time limit only starts once the have acknowledge receipt of your SAR Request.

Something else as you previously mentioned similar has happened on previous occasions to this do you still have evidence of this and your correspondence as this may be useful if you do proceed down the courts route on this occasion to show the courts this Landlords history of failing to act to prevent further damage to your property.

[axil23]

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. 

[stu007]

Hi

It will be interesting to see when the SAR comes back if it contains copies of the emails you have from 2020 which it should so lets wait for that SAR to see if they are open or not and if not it's then a complaint to the ICO for their failure to comply with a SAR Request properly

[axil23]

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. 

 

Quote

I’ve spoken with our representative and the below information is only for blocks rather than houses/flats as yours.

 We are not withholding the details however these emails are very accessible on land registry if you would like to get this information. 

 You can forward across the notice you wish to serve to our landlord and we will forward this onto him

 

Would it be ok to serve the invoice through the agent? Or should I do both? Land registry address and this? 

Edited November 16, 2023 by axil23

[lolerz]

I would've given the invoice to the agent last week!

Legally you would be right to serve any notices to the letting agents, especially that you now have it in writing that they will forward it to them. That's essentially all you need. The name of the landlord c/o the letting agent would be legally served in this case.

 

[axil23]

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? 

[lolerz]

Yours is not the next move

[axil23]

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? 

[axil23]

It has now been over 4 weeks since I sent the letter with details of what has happened in a timeline format. Along with this I sent the bill and explained reasons why I believe its not an unforeseen event. 

Received a reply after 2 weeks as per above from his claims agent. Nothing since then. 

What should I do next? 

[lolerz]

did you send the SAR stu mentioned?

Time to start drafting your letter of claim.

[axil23]

Yes. They replied back to it at 28 days and it only has correspondence from this time around and not the previous leaks. Plus they have left out an email from it in which she says that their member of staff has left the company as being the reason for delay. I would need that for proof or is my email enough?  

[lolerz]

If that's all they've sent then it's an incomplete SAR and they're not compliant.

Start drafting a letter of claim for the costs of the works. I'm sure some of the site team will be along shortly to help tidy up what you produce.

[Nicky Boy]

6 minutes ago, lolerz said:

If that's all they've sent then it's an incomplete SAR and they're not compliant.

That depends on what the OP asked for...

 

On 10/11/2023 at 02:24, stu007 said:

What I would also consider is sending that Landlords Letting Agency that you have been dealing with in this matter a Subject Access Request (SAR) requesting 'ALL DATA' from when you reported this matter to them initially to date. (you want to see what they have been up to.

Is this what the OP actually requested?

[axil23]

I requested the following 

Quote

I would like a copy of the following personal data that you hold about me, and which I have a right to view under the Data Protection Act 2018:

I would like to request 'ALL DATA' from when I reported the leak at *******  till now that you hold. The day that I reported the leak was 9th October 2023.

Is this sufficient? 

[Nicky Boy]

Not for a complaint to ICO.

Looks like they've sent exactly what you asked for.

 

Presumably, the reason for wanting absolutely EVERYTHING was...

On 10/11/2023 at 02:24, stu007 said:

this may be useful if you do proceed down the courts route on this occasion to show the courts this Landlords history of failing to act to prevent further damage to your property.

 

[axil23]

Previously it was a different estate agent hence why I didn’t ask for anything prior. I have email correspondence from then but that agent has closed down since. 
 

The only part they haven’t included is the email from them to say the delay was due to their employee leaving. Shall I ask them for it or would my email do? This is a vital part to prove their negligence. 

[lolerz]

Either way, you'd need to start drafting your letter of claim to recover your costs for the repair.

[axil23]

So draft letter of claim and give them 1 month to respond? 
 

By the way thank you so much for your help. I really appreciate it. 

Edited December 18, 2023 by axil23

[lolerz]

normally it's 14 days in this case but with the festive period I don't think it's unreasonable to give them 28 days this time around.

[axil23]

Drafted the letter before claim. Since I am sending it via email to the estate agent do I need to print it off and sign it? Don't wanna miss out on any technicalities. Can it be sent in a email format? 

[lolerz]

Letters of Claim as per CPR 6.3 must be sent via post unless they have explicitly stated that they're willing to accept service by email.

It's always better to send it by post anyway. 1st Class and get a certificate of posting from the post office (don't just pop it in the post box). It's deemed as served 2 days after.

You know from earlier that it should be sent to the letting agent so send it in the post to them.

 

Edited December 19, 2023 by lolerz
double typing

[axil23]

Was drafting the letter before small claims court claim and in the CAG Pre action protocol pdf it states I need to send them a Reply Form for their response. This is various pages. 

Is that for businesses only or should I also add this as a Landlord? 

[lolerz]

Yes include the reply form

[axil23]

Got the following email today from a company called MPL Claims. 

 

Quote

With regards to the above claim, please note our involvement as the appointed claims management company on behalf of ******** Insurers.

Our claim reference number is ********.

Please can you provide:

1) images of the damage;

2) details of your allegations against our insured; and

3) confirmation as to whether you have reported the claim to your own insurers?

 

What should I do next? 

[dx100uk]

looks like your PAPLOC worked.

respond with the info they require.?