Small claims action against managing agents?
Hello, in one of my tenanted properties, there was a flat-to-flat water leak (from my flat) – there are 80 flats in total. The managing agents were advised by the flat below mine and it was classified as an urgent water leak. A specialist company was instructed but at no time did they contact me, as the landlord, to obtain access to my flat.
Furthermore, two days later when the building janitor came along to the flat on the instructions of the managing agents, he did not repair the damaged pipework correctly. This was identified by my accredited plumber that came along a few days later.
The delay and poor workmanship have resulted in water ingress below my bath tiles and lounge flooring that has had to be replaced entirely at a cost of £5k. There is no insurance cover for this (Excess is £15k).
I wanted to go through the Fast Track court process (known also as small claims) and was assuming that the claim would be against the managing agents. They are advising that the claim would be against the RTM company which was formed several years ago, to have control over who the managing agents were.
Ignoring the strength/validity of my claim, please could someone advise which entity should the claim be against?
FYI, the janitor is employed by the RTM company but paid for by the managing agents from service charges.
Thank you,
Nigel
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Member Since March 2014 - Comments: 6
6:10 PM, 17th May 2023, About 3 years ago
Reply to the comment left by Graham Bowcock at 13/05/2023 – 09:36
Thanks for your comments Graham
In effect, what you are advising is that even if I feel the Managing Agents have been incompetent by legal redress cannot be with them as they are simply working on instructions form the RTM Co. and are not a party to the lease.
If my claim is not with them then it can only be with the RTM co. who will have no assets as they are not the freeholder.
It cannot be with the janitor as the main problem was that the water was still being used for 2 days when the damage occurred. he simply did not fix the pipework properly but by then the tenants stopped using the sink.
Graham/others is this one of those catch 22 situations where there is no one to take action through the Small Claims process.
I also note that Managing Agents will use lawyers (even though costs are not recoverable unless the claimant is being unreasonable) In this case they are advising I am.
Legal minefield!
Member Since October 2022 - Comments: 403
6:37 PM, 17th May 2023, About 3 years ago
Nigel
1. The pipework a repair cost falls under allowable cost to service charge under provisions of your lease.
2. The MA contract is to manage the provisions of your leases to maintain and keep repaired the property
3. The MA employs the caretaker
4. What is his job description, does it include repairing pipework ie does he have the skills. Was he stopped by the tenants from gaining access to turn the water off
5. did he report the leak to his employers the MA
6. If so why didn’t the MA arrange for a qualified plumber
7. Has the MA provided a report
8. The costs of the repair will be covered by compulsory block insurance. That premium forms a cost to service charge under provisions of the lease.
9. Read your lease and read the insurance policy and talk to the insurers yourself.