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  • FIRST POST
    • dekaspace
    • By dekaspace 9th Oct 16, 2:43 PM
    • 2,342Posts
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    dekaspace
    Am I taking advantage with repairs?
    • #1
    • 9th Oct 16, 2:43 PM
    Am I taking advantage with repairs? 9th Oct 16 at 2:43 PM
    I don't think so, I have open thread on this but don't get many replies.

    First in in Scotland, a tiny recap is that due to a bathroom flood it damaged my 4 week old shower rail, towel rail, scratched my toilet seat and in the bedroom next to bathroom is damp patches and tiny bits of green (don't look like mould)

    After back and forth between my landlord and the owner of the flat that caused the flood someone was sent out who told me at first they would only fix the ceiling, and I was trying to take advantage by wanting replacements for things that were damaged and the wall pained in (just the corner) where the damp was.

    So am I taking advantage there? I would say not for shower rail and towel rail but was unsure about toilet seat as its intact just scratched and a broken clip cover at back that can be easily replaced.

    I didn't make a fuss also about the shower window blinds that had black marks at bottom and signs of damp as they were old but they are not able to be put in washing machine.
Page 1
    • G_M
    • By G_M 9th Oct 16, 2:48 PM
    • 37,080 Posts
    • 41,032 Thanks
    G_M
    • #2
    • 9th Oct 16, 2:48 PM
    • #2
    • 9th Oct 16, 2:48 PM
    No.

    If the 'flood' was caused by a leak from the flat above, then it sems fair to claim for damage done by the flood.

    However, in English law (can't speak for Scotland) you could only actually claim in court if you could prove negligence ie the flat-owner above knew there was a problem but did nothing about it.
    • dekaspace
    • By dekaspace 9th Oct 16, 2:53 PM
    • 2,342 Posts
    • 1,687 Thanks
    dekaspace
    • #3
    • 9th Oct 16, 2:53 PM
    • #3
    • 9th Oct 16, 2:53 PM
    That will be tough but not impossible, there was ongoing phone calls and emails between my landlord and upstairs in the main case for 9 days where they claimed that a plumber was sent out and found no leaks but the tenant above says no plumber attended as did previous tenants who said they reported a leak on more than one occasion and no one was sent out,

    There is email proof that the upstairs owner claimed they sent a plumber out who found no leaks thus claiming it wasn't his flat with the problem though, and I can get statements from current and ex tenant who reported problems with the toilet handle/cistern (which caused the flood) to say they reported it and it never got repaired as well as statements from other tenants in building (who are willing and outright told me they wanted to) about how every tenant who has lived in my property past 8 yars has had floods from flat above.

    But how far that would go in court I don't know.
    • missbiggles1
    • By missbiggles1 9th Oct 16, 3:12 PM
    • 15,810 Posts
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    missbiggles1
    • #4
    • 9th Oct 16, 3:12 PM
    • #4
    • 9th Oct 16, 3:12 PM
    Can't you claim on your contents insuarance for the bits and pieces?
    • dekaspace
    • By dekaspace 9th Oct 16, 3:20 PM
    • 2,342 Posts
    • 1,687 Thanks
    dekaspace
    • #5
    • 9th Oct 16, 3:20 PM
    • #5
    • 9th Oct 16, 3:20 PM
    Can't you claim on your contents insuarance for the bits and pieces?
    Originally posted by missbiggles1
    I could do, but the damage was caused by someone not myself and my insurance is very basic anyway (as I found out when I enquired about them assessing damage to my flat)
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