News1 min ago
Landlord Problems
4 Answers
My shop is letting in water from cracks in the pointing to the front of the building. The landlord is aware of this and did a patch up job last year on it. Over the weekend it started to come in again and run into the window display and damage stock and the cieling. On our contract he, the landlord is resposible for the outside and I am resposible for the inside. Should I be making a claim against him on his Insurance for this damage. He isn`t answering his phone after trying many times.
Answers
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You can't make a claim directly against someone else's insurer. You have to make a claim against them and leave it to them as to whether they wish to claim on their insurance.
Send a formal written demand for compensation to your landlord, including all of the following:
Your name and address
His name and address. (If he trades as a limited company, the demand needs to be addressed to 'The Company Secretary', not to your landlord by name, and sent to the registered address of the company, not to his home address or other business address).
The date of the letter.
The reason that the demand is being made.
The amount demanded.
A warning that, if the compensation isn't received within a specified time (I suggest 28 days) you will initiate court action for compensation plus costs.
Send the letter by recorded delivery, retaining a copy of the letter and proof of posting. Go online to check that it's been received, noting the date, time and signature.
If you don't get your compensation, use the online small claim's procedure:
https:/
Chris
Send a formal written demand for compensation to your landlord, including all of the following:
Your name and address
His name and address. (If he trades as a limited company, the demand needs to be addressed to 'The Company Secretary', not to your landlord by name, and sent to the registered address of the company, not to his home address or other business address).
The date of the letter.
The reason that the demand is being made.
The amount demanded.
A warning that, if the compensation isn't received within a specified time (I suggest 28 days) you will initiate court action for compensation plus costs.
Send the letter by recorded delivery, retaining a copy of the letter and proof of posting. Go online to check that it's been received, noting the date, time and signature.
If you don't get your compensation, use the online small claim's procedure:
https:/
Chris
Your remedy for the Landlord’s breech of repairing covenant will depend on the exact wording of the covenant. The liability to repair in all cases will not arise until he is given notice of the defect, to avoid the landlord claiming he was unaware of the defect write and inform him of the problems.
Your remedy then is probably:-
A/ An action for damages for breach of covenant.
B/ An action for specific performance of the Landlord’s covenant.
C/ Do the work yourself then recoup the expenditure from your Landlord.
Hopefully none of the above will be necessary and your landlord will deal with the defects upon receipt of your letter. It will be up to the Landlord if he wishes to make a claim on his insurance.
Your remedy then is probably:-
A/ An action for damages for breach of covenant.
B/ An action for specific performance of the Landlord’s covenant.
C/ Do the work yourself then recoup the expenditure from your Landlord.
Hopefully none of the above will be necessary and your landlord will deal with the defects upon receipt of your letter. It will be up to the Landlord if he wishes to make a claim on his insurance.
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