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#Post#: 31288--------------------------------------------------
Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 26, 2024, 8:41 am
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Hello all,
I am a leaseholder and am currently occupying the flat myself
with my family.
The flat below ours got some minor damage due to leakage
originating from my flat.
The Landlord/management company are unfriendly and their workers
failed to spot the issue months ago which caused the problem to
escalate and eventually caused damage in my own flat as well.
Since then I have paid to get both the source of the leak and
the my own flat's avoidable damage fixed.
However, landlord is insisting that I pay for the damages to the
flat below as well. Worst, since the leaseholder below has let
out the flat I am only able communicate with the agent and not
the owner himself.
The workers recommended by the agents are quoting roughly 3x the
price I have been quoted from trusted providers I have used and
even shared links to their MyBuilder and CheckATrade profiles.
Last they have said this:
our Landlord is more inclined for the works to be completed
using a contractor via our management services as they will have
gone through a vetting process and are reputable.
What are my options here? Can I force them to share the
leaseholders contact details? Am I even obligated to pay
anything for damage which also was caused due to poor diagnostic
work from the managing agents workers?
I have uploaded the clause of the lease (on Imgur) which they
are quoting to claim the costs.
HTML https://imgur.com/a/2kyChQr
There is a buildings insurance but excess is a huge £500 and the
bills are lower than that, so it's useless to try that.
#Post#: 31293--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 666 Date: July 26, 2024, 10:11 am
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AIUI the buildings insurance policy (arranged by the freeholder)
will not cover this, It is down to your contents policy.
#Post#: 31306--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 26, 2024, 12:42 pm
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[quote author=666 link=topic=2640.msg31293#msg31293
date=1722006670]
AIUI the buildings insurance policy (arranged by the freeholder)
will not cover this, It is down to your contents policy.
[/quote]
The agents said the building insurance would cover but it's
useless cause of the crazy high £500 excess.. even the 3x
inflated bills are lower than £500.
My question is if the cost is enforceable based on lease? And
can they force me to pay the 3x cost in the name of "reputable"
and "vetted" contractors? I have strong suspicions that they are
getting kickbacks which are the reason for such a high quote.
The leaseholder downstairs is uncontactable which makes it
trickier for me.
#Post#: 31307--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: Southpaw82 Date: July 26, 2024, 12:49 pm
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Difficult for anyone to answer without seeing your lease…
#Post#: 31313--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 26, 2024, 1:28 pm
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[quote author=Southpaw82 link=topic=2640.msg31307#msg31307
date=1722016166]
Difficult for anyone to answer without seeing your lease…
[/quote]
I have uploaded the "clause" they quoted for their claim.
Sharing Imgur link again
HTML https://imgur.com/a/lease-clause-2kyChQr
Appreciate any help
#Post#: 31315--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: Southpaw82 Date: July 26, 2024, 1:40 pm
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Not much use without the definitions of the capitalised words.
#Post#: 31318--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: mickR Date: July 26, 2024, 2:18 pm
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so was this leak due to your negligence?
what exactly, was leaking??
#Post#: 31336--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: H C Andersen Date: July 26, 2024, 3:59 pm
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OP, what are you disputing? Your liability or that the landlord
may repair to their satisfaction and recharge you?
I cannot see anything in your very limited snippet which would
allow the landlord to make good and charge you. The wording in
this regard seems clear: you are to make good.
As others have asked, without sight of the entire lease we
cannot see how disputes generally are resolved, and what we
appear to have is a dispute.
#Post#: 31372--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 27, 2024, 7:00 am
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My own email detailing that it was their negligence:
[img width=702 height=849]
HTML https://i.imgur.com/RozXihe.jpg[/img]
[img width=594 height=819]
HTML https://i.imgur.com/k3OWoSR.jpg[/img]
[img width=589 height=504]
HTML https://i.imgur.com/C1YmNIy.jpg[/img]
Manager's Email, ingoring my email:
[img width=701 height=426]
HTML https://i.imgur.com/7sfiHcG.jpg[/img]
The report she is referring to:
[img width=780 height=775]
HTML https://i.imgur.com/S9RZuSk.jpg[/img]
Now I am in touch with the lettings team who are more friendly
and seem to be receptive to "amicable" solution.
Snippet from their first email:
I will ensure to pass on the quote that we receive in the
meantime for the rectification of the damage, and should there
be no agreement on this, I am happy to pass on the below
information to the Landlord to see how they wish to proceed.
Snippet from last email:
Our contractor has attended and quoted the following:
Fill and sand down and redecorate the ceiling for a sum of £320
+ VAT = £384.
Please do kindly let me know your thoughts once you have had a
chance to review this, our Landlord is more inclined for the
works to be completed using a contractor via our management
services as they will have gone through a vetting process and
are reputable.
Please do kindly let me know your thoughts in light of this and
how you wish to proceed?
------
Please note that my trusted contractors quoted £125 for the same
job. Even in the past, I have seen crazy high quotes from
workers hired by these agents and they really don't have
leaseholders' budget or interests in mind at all and maybe
getting kickbacks.
Regarding the details from my lease, it's a 102 page document,
out of which they have quoted the clause I shared earlier, there
are no definitions of negligence in the lease. Can someone
advise how I can share parts or whole of it safely if it's
relevant for advise?
#Post#: 31385--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: mickR Date: July 27, 2024, 9:47 am
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they are trying to say you have some kind of repairing lease??
very unusual in private letting I would have thought.
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