Abate Rent for Leak from Roof - Negligent Managing Agent

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  • Abate Rent for Leak from Roof - Negligent Managing Agent

    I am leaseholder and have a tenant in my flat. Leak from roof into bedroom. Tenant vacates and refuses to pay three months' rent. Now has returned. Freeholder of the building is responsible for the roof. Agent for the freeholder had screwed up the repair and the leak into the bedroom essentially forces the tenant out of the bedroom. Tenant could have stayed in the living room for a few days, but the months of wait gave them some basis for vacating. Only GBP4k at stake. Not sure whether I should sue the tenant first, the managing agent, both, etc. Is there a landlord tenant board I must go to first? What should this cost in terms of lawyer fees? To the losers in the litigation have to pay the lawyer fees? HELP!

  • #2
    Originally posted by Ludgatecircus15 View Post
    I am leaseholder and have a tenant in my flat. Leak from roof into bedroom. Tenant vacates and refuses to pay three months' rent. Now has returned. Freeholder of the building is responsible for the roof. Agent for the freeholder had screwed up the repair and the leak into the bedroom essentially forces the tenant out of the bedroom. Tenant could have stayed in the living room for a few days, but the months of wait gave them some basis for vacating. Only GBP4k at stake. Not sure whether I should sue the tenant first, the managing agent, both, etc. Is there a landlord tenant board I must go to first? What should this cost in terms of lawyer fees? To the losers in the litigation have to pay the lawyer fees? HELP!
    I take it the 4K is lost rent. First stop is to check your insurance cover for loss of income?


    I think you need to get legal advice asap.
    All posts in good faith, but do not rely on them

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    • #3
      As freeholder has to insure, that's where your claim starts. Either claim on its policy or tell F that you require it to make a claim for you. If/when insurer pays you, you may need to pay your T for losses which he/she sustained.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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