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compensation for inconvenience and distress

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  • If you have legal cover as part of your car, house or landlord's insurance, then phone the legal helpline and speak to them. They will provide you with advice on where you stand legally. Personally, I wouldn't offer anything. Follow the insurance process. All the best. 
  • jimbog
    jimbog Posts: 2,256 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Liver7 said:
    There was a water leak to flat caused from two flats above - my flat in November and adjacent flat in Sept. We have agreed to pay for water damage. 
    Why? Do you not have insurance?
    Gather ye rosebuds while ye may
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    If they do try to take you to court ask for a list of all items they claim were damaged as submitted to their insurer at the time of the first incident.
    If they haven't done that / or have only for the second, your argument is that you offer a goodwill gesture as stated towards their excess (because you are a nice person and suspect the audit trail exists) but you need them to demonstrate what damage occurred because of your flat's issues as opposed to the second incident (your insurer will argue redufed liability on grounds that damage happened in second incident).
    It sounds harsh but it's a fact of life that with insurance its better you get your paperwork and supporting photo evidence done ASAP and sadly not wait several weeks for parents to sort it.
    May you find your sister soon Helli.
    Sleep well.
  • elsien
    elsien Posts: 36,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I can’t see why you’re offering anything when the issue was caused by the tenant. Should they not be sorting this out? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Jumblebumble
    Jumblebumble Posts: 1,997 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Liver7 said:
    There was a water leak to flat caused from two flats above - my flat in November and adjacent flat in Sept. We have agreed to pay for water damage.  Owner of damaged flat wants contents damage compensation initially £50 each but then says he is righting off any damage caused by adjacent flat.
    Owner of damaged flat wants compensation from me for inconvenience and distress - but not from adjacent flat.  I have offered £100 as a goodwill offer which he has declined.  Says for me to instruct a solicitor or he will go to court.  
    He has remained in his flat - all utilities functional.  Do I need to get a solicitor or wait to go to court as he will then have to give evidence from doctors for distress and show how he has been inconvenience.  Contractor says he can remain in his flat whilst painting is under way.
    What sort of idiot tells you to instruct a solicitor?
    He will go and see a solicitor who I suspect will say "Sure I will take this on
    Just pay me £1000 up front and we are good to go"


  • jimbog said:
    Liver7 said:
    There was a water leak to flat caused from two flats above - my flat in November and adjacent flat in Sept. We have agreed to pay for water damage. 
    Why? Do you not have insurance?
    Did you not read the whole thread?
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I'm surprised your not chasing your tenant to pay costs, they knew the washing machine was faulty, yet used it anyway 
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm surprised your not chasing your tenant to pay costs, they knew the washing machine was faulty, yet used it anyway 
    Is it up to the landlord to chase the tenant?
    or it is up to the 3rd party to chase the negligent tenant.

    i would make sure I had access to legal assistance.
    mine was £15, landlord policy might be a bit more.
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