How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19887
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Upstairs flat will not pay for damage caused to my flat

Resolved Question:

Hello


 


I live in a flat within a building which has been converted into 4 flats. The top flat which is above mine has had cracked pipes / a leak and water has been dripping into my bathroom. She keeps turning the water off but, after apparently having it fixed, every time she uses the washing machine or shower etc it drips through again and is damaging the ceiling. On top of this, mushrooms are starting to grow where the walls meet the ceilings. When I spoke to her she says that she cannot afford to get it fixed and that insurance will not cover pipes. Unfortunately the management company is made up of her as the director and myself as company secretary. The four flat owners basically run it. If she is claiming that this cannot be sorted out as the director of the management company, I do not know what I am supposed to do next. We are both the owners of the flats..


 


Any advice you could provide would be much appreciated. Thank you. Clair

Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you know roughly how much this would cost to fix?
Customer: replied 11 months ago.

 


Hello, thanks for getting back to me



Unfortunately I have no idea at the moment as I only had a conversation with her last night. I extremely bad at dealing with confrontation and hoped that might be avoided.


 


Thanks


Clair

Expert:  Stuart J replied 11 months ago.


With regard to the confrontation that you are bad at, you might
need to get good at it!

Right, the legal situation: if these pipes serve her flat on their
own and don't serve anyone else, then she is responsible for them and she is
also responsible for any damage that they cause. If her insurance doesn't cover
it, she needs to get better insurance and meanwhile, in the interim, find her
cheque book because she is going to have to pay to this personally (get the
boxing gloves out) if it is not covered by the insurance.



Please bear in mind that lots of people use the excuse that the
insurance will not pay as an excuse not to pay or as an excuse not to actually
put a claim in because they do not want their premiums to rise next year!



If the pipes are pipes which serve all the properties also, then
the management company/freeholders (all of you) are responsible for the costs
between you.



At this stage, you are not bothered particularly how much it costs
to fix her pipes, what you are bothered about is the cost of getting rid of the
fungus, the damp, and redecorating.



If you have that all fixed and she does not repair the leak, then
she is going to have to keep paying every time you sue her for the cost of the
repairs, ad nauseam, ad infinitum, until she puts her hands in her pockets and
fixes the leak.



With regard to flats I probably get more questions on here
concerning leaks in flats where the upstairs one is leaking into the downstairs
one and the upstairs one (surprise surprise) says that that is not covered on
insurance, than any other single category involving flats. Second to that come
queries over service charge I think.



I'm sorry to have to tell you quite simply that if she will not
get the job fixed, you are faced with suing her in court although an initial
solicitors letter may focus her mind. I obviously cannot do anything about the
confrontation and if she takes umbrage at it I'm sorry to say that that is
something that you are going to have to deal with. You are obviously concerned
about upsetting her which she does not seem to reciprocate that concern for you



Does that answer the question? Can I assist further?



If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Rating doesn't close the enquiry at all even though the site may give that
impression. It remains open for you to read and ask for further clarification.

Regards.



PS Experts on here are online and off-line all day each day and weekends
so please bear with me if I do not get back to you immediately.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19887
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you so much :) I will get the gloves!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience