patel989
19-07-2006, 11:41 AM
:confused: I bought some flats in the same building on jan 05 from allsops auction, I bought the 3 top flats and my brother bought the 3 middle floor flats (theres 2 shops on the ground floor) the solicitor did her work and advised they were ok after checking the legal packs etc. 2 weeks ago the middle flat had a leak that the shop owner below advised us of, myself and my brother went to the shop and had a look and assertained where the lek was coming from and dealt with it and told the shop keeper we would need to keep an eye on it and come back to recheck. The shop owner told us not to worry as he now wanted to claim through insurance for damages ie carpets etc. A short while after we received a call from the freeholder of the building who we had not met since we bought the property and had neglected the property ie lighting in the comunal areas, floor and ignored the shop keepers comms to him as the shop is on lease to him from the freeholder. The shopkeeper was now saying to the freeholder that he wants to sue due to loss of earning etc becouse he has had to shut the shop down (but theres a notice on the shop saying closed due to refurbishment) and staff have left becouse of the water damage and the shop keeper has been trying to contact the freeholder with no responces. The shop keeper estimates the damage to be in the region of £2500 (there were 2 drips which damaged the floor tiles - the cost of which would be under £100 tp replace the damaged floor tiles and lowered ceiling tiles, not sure where they got £2500 from).
The freeholder has been in touch with us to say you can pay it or he will sue us for his losses and also he mentioned that when the previouse owner sold the property to him, he had not seen any planning consent to turn the property into flats (which the previouse owner did and was supposidely checked by my solicitor before I purchased the propertys in jan 05). Now it turns out that the flats may not have been stamped by planning before they were sold to us.
Our insurance is with beumonts and is general and covers all 6 flats (mine and my brothers) all under one policy and is under my name only
Questions.
1. if the landlord wants to sue my brother for damage recovery will there be a problem with the insurance bieng just under my name (but covering all the flats)
2. can the shop owner sue the landlord for damages or would he have to sue the flat owner that caused the damages
3. can the shop owner sue for this amount for very little damage or would he have to prove the costs etc first
4. can the landlord sue us for damages esspecially if hes neglected the property and not even introduced himself
5. if the propertys were bought from auction allready done up as flats, but not stamped by planning shouldn’t the solicitors be liable for not checking and feeding back this info where can I take this or would I need to sue the soliciors for my costs after the freeholder sues my brother and after the councill planning add to renovation costs (putting things correct), and would the previous owner for not having the relevant stamps before selling be accountable for anything?.
6. if the council get involved (luton) what will they do and what do I have to look out for / worry about and what can I do in my defence
7 can the freeholder charge me for anything that he has not notified me in advance for ie blocked drain work a few months ago that he has only mentioned now esspecially when he has never communicated anything with us before.
8 if the palnning isnt stamped what do i do to correct it.
kam 07956227022 or uk989@hotmail.com any help and advise would be appreciated as i am pulling my hair out at the moment.
The freeholder has been in touch with us to say you can pay it or he will sue us for his losses and also he mentioned that when the previouse owner sold the property to him, he had not seen any planning consent to turn the property into flats (which the previouse owner did and was supposidely checked by my solicitor before I purchased the propertys in jan 05). Now it turns out that the flats may not have been stamped by planning before they were sold to us.
Our insurance is with beumonts and is general and covers all 6 flats (mine and my brothers) all under one policy and is under my name only
Questions.
1. if the landlord wants to sue my brother for damage recovery will there be a problem with the insurance bieng just under my name (but covering all the flats)
2. can the shop owner sue the landlord for damages or would he have to sue the flat owner that caused the damages
3. can the shop owner sue for this amount for very little damage or would he have to prove the costs etc first
4. can the landlord sue us for damages esspecially if hes neglected the property and not even introduced himself
5. if the propertys were bought from auction allready done up as flats, but not stamped by planning shouldn’t the solicitors be liable for not checking and feeding back this info where can I take this or would I need to sue the soliciors for my costs after the freeholder sues my brother and after the councill planning add to renovation costs (putting things correct), and would the previous owner for not having the relevant stamps before selling be accountable for anything?.
6. if the council get involved (luton) what will they do and what do I have to look out for / worry about and what can I do in my defence
7 can the freeholder charge me for anything that he has not notified me in advance for ie blocked drain work a few months ago that he has only mentioned now esspecially when he has never communicated anything with us before.
8 if the palnning isnt stamped what do i do to correct it.
kam 07956227022 or uk989@hotmail.com any help and advise would be appreciated as i am pulling my hair out at the moment.