Any legal Eagles on the forum?

As the phone line of the CAB seems to be permanently unmanned, I thought I'd throw this to the wires and see what you think-

Due to flooding from the upstairs' bathroom last year, a musical instrument was damaged in my flat (a good quality synth keyboard). The landlord stated that this is due to negligence on behalf of the guy upstairs (and will provide a statement to this effect if needed). I have now been advised by a service centre that repairs to said keyboard would be uneconomical.

I'm going to first request recompense from the guy (he's a complete @rsehole, so don't expect much except shouting and threats) before taking it to the small claims court.

My question is- how much should I be reasonably asking? I've had the instrument in perfect working order for years. Bought it for £900. They don't make that one anymore and a similar equivalent (ie size of keyboard and onboard facilities- synth and large bank of quality sounds) would cost around £1400-£1600.

So- should I be reasonably ask for the price of a current equivalent, or the price I paid for it (they were £1500 full price, I bought in a sale), or would it be the value of the instrument now (ie on the second hand market)?

Originally Posted by thedonal

My question is- how much should I be reasonably asking? I've had the instrument in perfect working order for years. Bought it for £900. They don't make that one anymore and a similar equivalent (ie size of keyboard and onboard facilities- synth and large bank of quality sounds) would cost around £1400-£1600.

So- should I be reasonably ask for the price of a current equivalent, or the price I paid for it (they were £1500 full price, I bought in a sale), or would it be the value of the instrument now (ie on the second hand market)?

I'm no legal beagle, but:

Most insurance companies offer a "for like" replacement. If you insure the item on your household contents insurance for example, and this happened, the insurance company (if they offered like for like) would pay out enough to get you a £1400-£1600 keyboard.

Treat it as an insurance claim with like for like. You don't want a different sized keyboard, and the facilities are why you bought the keyboard? If they've gone up in price since you bought one, tough. Hopefully he has contents insurance so he can claim on that.

Make sure you get that letter from the landlord, and a letter from the service centre that says it's an unconomic repair (CAT D??? ).

Was the flooding down to default or neglect on the part of the guy upstairs (e.g. leaving a bath to overflow) or was it down to, say, a burst pipe or similar?

If the latter then the landlord (or his buildings insurance) is liable.

Cheers for the response, guys.

I've had 3 leaks over the period of a year. The first one, in the corner of the flat (didn't really drip, but soaked the ceiling) was due to old pipes- seals went.

The second was due to the guy upstairs breaking their sink basin and not informing the landlord. Was alerted by water dripping on the carpet when I got home from work- miraculously missed my studio gear/TV. Landlord replaced the basin, job done. I thought.

Started leaking again- partly from the repair but was clearly visible from the taps that a leak was occuring- once again, it was me who alerted the landlord immediately (he owns the whole building). Had clearly been dripping for a matter of hours (again, I only spotted it on getting in from work). There was someone indoors in the flat and the handyman had 'difficulties' obtaining entry to the flat once they'd been alerted to this.

Landlord does not accept responsibility and won't put it on building insurance as that does not cover contents apparently (this is stated in the contract). I got insured after the event, but I doubt the guy upstairs has any insurance. He is, in short, a complete c**t- I've had a run-in with him before over noise- he's not reasonable and resorts to threats. Other people (including the handyman) have no joy with him and the landlord doesn't seem to be of a high opinion of the bloke!

I've asked for the company to send a letter stating not eco. to repair (cat D- lol!). The landlord will also write a letter covering the points listed above. I know I have to try and resolve it before going to the courts so I'm writing a letter (I'm not going to talk to the guy as it'll get me nowhere).

Still- if he threatens violence again, I can at least write another complaint to the landlord and move closer to getting him thrown out....

dunnoif he gives free advice but...

ED .. not e.d

is a solicitor.!!