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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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I own an apartment and pay a monthly fee to a property management

Resolved Question:

I own an apartment and pay a monthly fee to a property management company for maintenance. I have been reporting damp to the management company for over 3 years and they have done little by way of investigation. Within my apartment there is a sealed section containing shared facilities (i.e. soil stack) which cannot be accessed. 2 weeks ago water was seeping into one of our rooms at which point we were forced to gain access by removing a section of the wall. We found water ingress through a ceiling plate/floor plate of the property above. Cause of the leak unknown, however subsequent tracking into our demise has caused significant damage. Our property management company sent a team round and have established the source of the leak i.e. the flat above and are adament they have no responsibility for remedial works claiming that we have never reported any issues. The landlord above suggests the buildings insurance with the property management company should cover damages.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to RATE once you get my answer.

Is the leak coming from the property above?
Customer: replied 1 year ago.

Yes. Both the owner of the property above and the management company's contractor have stated the source of the leak is a faulty seal at the bath outlet. I don't believe the owner of the above flat would have been aware due to the shared service area being 'out of bounds' when the flats were constructed.

Expert:  Thomas Judge replied 1 year ago.
You have a claim thus against the owner of the flat above you and you would be able to bring a claim against their insurers. You should write to them advising them that you need their insurance details to bring a claim. It may well be their case to bring a claim against the management company but your claim strictly speaking is against the flat above you.
Customer: replied 1 year ago.

Thank you for your prompt response.


 


It verifies what we thought yet doubt crept in due to numerous challenges.


 


Would you advise on resolving informally or seek legal counsel by way of solicitors letter?

Expert:  Thomas Judge replied 1 year ago.
I would try to resolve informally - give them 14 days and threaten a solicitor if matters can not be resolved by then - but try informally as it is cheaper
Customer: replied 1 year ago.

You're an absolute star - many thanks for your valued advice.

Expert:  Thomas Judge replied 1 year ago.
My pleasure - please remember to rate so I can get my credit
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 8759
Experience: award winning lawyer with over 15 years experience
Thomas Judge and 2 other UK Property Law Specialists are ready to help you

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