Caroline Brosnan has responded to a letter in The Sunday Times in which the writer asks how his son, who faces a bill for water damage to his part-owned flat which he has needed to vacate at his own expense while repair works are carried out, can recover his losses.
She establishes that the son has a shared ownership lease, and that the lease will set out where the landlord is liable for repairs, which typically include the common parts of a building. She further advises that the lease should explain what will happen if the son’s property becomes uninhabitable, saying that, even if the landlord has insurance, the son may still be able to claim damages from the landlord.
Your son should look at the terms of the lease to see whether this may apply and he may want to take legal advice about how to pursue such a claim. I would suggest that the first step is to send a letter to the landlord outlining a proposal to rent a similar flat nearby on a short-term basis and asking the landlord to cover the costs.”
The article is available to view at The Sunday Times by subscription only.
Caroline Brosnan is a senior associate in the property litigation team. She has experience in a range of housing and property matters, including possession, homelessness, injunction and disrepair claims.
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