who do i claim from

Ganga

ThisIsWeird said:

Ganga said:

Cannot agree with what you print ,ThisIsWeird has always been helpfull and informative to a lot of the posters on this site ,he/she has spent a lot of time and energy to help resolve other peoples problems ( as have a lot of others ) hope they keep up the good work.

Thanks, Ganga - appreciated. I don't think that's JDIW's issue, but that he thinks my info here is incorrect (and given at great length - fair point...)

I don't think I'm wrong - the fabric of your leasehold flat should be covered by the communal building's insurance/Freeholder against such damage (tho' not against wear and tear/natural deterioration). But I'd happily be corrected, as this problem comes up regularly, so I would like to know.

Keep up the good work 

daxx2009

morning first off i want to thank you all for your imput and advice, its very appreciated, i have just got out of hospital after a hand operation, council coming to asses damage and do any repairs on 26th feb, as for re decorating my hallway they are doing everything to avoid it, tomorrow i will call my insurace to seak legal advice, i will update you more soon.


again thankyou all 

daxx2009

so further update, got legal advice saying i have to prove the 4 elements of neglagence, caouncil says cant caim from there insurance, saying it has to be via her contents insurance, will now try and talk to the leaseholder and see if she is willing to pay for the damage, before last option going via my insurance 

ThisIsWeird

daxx2009 said:

so further update, got legal advice saying i have to prove the 4 elements of neglagence, caouncil says cant caim from there insurance, saying it has to be via her contents insurance, will now try and talk to the leaseholder and see if she is willing to pay for the damage, before last option going via my insurance 

What legal advice?

Have you tried CAB, for example?

You usually only have to prove 'negligence' if you are claiming off an individual, or their insurance.

daxx2009

Thank you for your email.

 

If Housing Repairs have advised that the repairs to your property does not include painting your hallway, you have two options.

 

To talk to your neighbour to see if they are prepared to pay for the paint for you to redecorate your hallway.

Seek legal advice regarding making a Public Liability claim against your neighbour for the redecoration to your property.

 

It is with regret the Insurance Team are unable to offer you any further assistance with the above.

 

Yours sincerely

daxx2009

hi i got legal advice from my insurance legal dept 

daxx2009

basiculy they said my issue is with the leaseholder and not the coucil sinsurance, through her insurance or public liability, or see if she will just pay to get it done 

ThisIsWeird

Ah, I see - that's the redecorating. Everything else is being covered.
It's a weird one, indeed. I think I recall that when my bro's plumbing developed a spontaneous leak which brought down a bit of ceiling in the flat below, tht even tho' the FH sorted both the cause of the leak and the ceiling damage, the owner of the flat below may well have had to sort the redecorating themselves, which they may have done via their contents insurance. Seems a bit bizarre to me, but could well be the case.
So, follow the guidance of your LP. First ask nicely for the flat above to cover the bill - if they are having to decorate their own place, it shouldn't cost much to add your ceiling and wall painting to this.
If needed, 'threaten' to make it a legal claim (will your LP support you with this?). Finally, decide if it's worth making a claim off your own insurance - take into account excess charge, and potential increase in premium.
You don't know any local decorators? Surely a quick and simple job?