Small Claims Court for time and earnings?

by Readers Question

13:53 PM, 31st October 2017
About 12 months ago

Small Claims Court for time and earnings?

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Small Claims Court for time and earnings?

Hello, long time lurker here. I own the leasehold on an ex-Local Authority flat.

The flat above mine, which is also in private hands has, for the 4th time leaked water into my flat. My question is, although building insurance is included in the service charge it does not compensate for lost time & earnings.

Can I go through Small Claims Court and apply for the maximum, or some other route? Or must I always use the insurance policy provided by the Council (the freeholder?)

Grateful for any advice on this.

Clem



Comments

Neil Patterson

14:00 PM, 31st October 2017
About 12 months ago

Hi Clem,

I am only coming up with accident claims searching through for examples.

John Morris

21:37 PM, 31st October 2017
About 12 months ago

Hi Clem...i have a similar problem and have told the tenant to contact the insurance company or i will give her the cost of repair. My situation is different as i only have one tenant and she had her own insurance.I am not sure about small claims court as that is manily if a person or company owe you money unless you feel the insurance company owe you. If your compensation claim is high they sometimes settle out of court but you have to decide good luck

Jay James

2:20 AM, 1st November 2017
About 12 months ago

Clem, you are free to use the County Court to sue whoever caused your losses. Given that it's a water leak leading to time off work, that's likely to be the occupier or possibly leaseholder. You could have sued them for your property damage as well as loss of earnings, irrespective of whatever insurance policy was in place.
Loss of time cannot of itself be claimed (I think), (experts please jump in here). You would have to quantify it in some way, perhaps by demonstrating some other loss that the time loss led to.

Jay James

2:54 AM, 1st November 2017
About 12 months ago

Reply to the comment left by Jay James at 01/11/2017 - 02:20
...but actually getting your money is another story altogether as the civil court system is crap.

clem fandango

17:17 PM, 2nd November 2017
About 12 months ago

Reply to the comment left by Jay James at 01/11/2017 - 02:20
Thanks everyone for your responses! Most helpful.

clem fandango

17:18 PM, 2nd November 2017
About 12 months ago

@Jay James I'm sure actually getting the money is another issue altogether...

Paul Fay

21:10 PM, 3rd November 2017
About 12 months ago

As this is not a one off accident you definitely have a claim against the flat owner above. If you can quantify, substantiate and value your claim i see no reason why you would not prevail. If you hsd instructed someone to act on your behalf their costs would be recoverable.
There is only one right of claim and the insurer will be claiming. You need to let them know that you will be claiming as well and they must not prejudice your position by agreeing full and final settlement.

It's worth saying that the insurer will be claiming of the occupier aboves contents policy which includes occupiers liabilty cover. In the absence of a contents policy they are unlikely to claim.


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