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Can I claim for legal advice taken concerning flood from flat above ?

There is a leak coming from the flat above and they want to repair it by removing my ceiling. Once it is fixed we can claim on the buildings insurance. This is going to require me to leave my flat ( leasehold ). Am I entitled to compensation ? And if I take legal advice will I be able to claim the costs of that back from them as well ?

Public Comments

  1. If you have household/buildings insurance, legal advice is probably free. You may be entitled to reasonable costs incurred; such as a hotel whilst the repair work is carried out. Speak with your insurance company before you agree to anything though. as anything structual will certainly require their prior approval as will the approval of your mortgage company (if any).
  2. Stephen's answer is correct. But if you seek independent legal advice which you pay for yourself, you would only be entitled to recover that cost if you issued a claim in the courty court. In your circumstances, I don't anticipate that will be necessary as someone (you don't say who 'they' are) seems to be dealing with the problem already.
  3. If your are insured, check your policy this often contains an element of protection including legal insurance in case you need it. This comes into effect when you have made a reasonable claim (your costs etc) which is being contested. Discuss it with your insurer they will have a team able to advise you on where 'you stand' in law. Check with those who want to 'move you out' to do the repairs, they are probably familiar with this situation and may well already have a scheme in place to compensate you, though you should check out any offer they make to see if it is fair within typical similar examples from the past. A no win no fee solicitors service might be worth a look here if you do not have insurance of your own with legal cover.
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