A.
Dear Client,
Negligence Claim: If the upper flat owner's actions (or lack thereof) have led to the water leakage issue, you might have a claim of negligence. Negligence occurs when one party breaches their duty of care toward another, causing foreseeable harm. To establish a negligence claim, you typically need to prove that the upper flat owner owed you a duty of care, they breached that duty, and the breach caused the water leakage and resulting damage.
Private Nuisance Claim: Private nuisance is a legal concept where one person's use or enjoyment of their property is unreasonably interfered with by the actions of another person. The water leakage causing damage to your flat might be considered a private nuisance if the upper flat owner's actions or inaction are causing the problem. You would need to show that the interference is substantial, unreasonable, and has caused harm.
Injunction: If the upper flat owner's actions are indeed causing the water leakage and substantial harm to your property, you might seek an injunction from the court. An injunction is a court order that could require the upper flat owner to take actions to stop the water leakage and prevent further harm.
Damages: If you've suffered financial losses due to the water leakage (such as damage to your property), you might be entitled to claim damages. These would aim to compensate you for the actual losses you've incurred.
Regarding maintenance payments, stopping them without proper legal justification could lead to the association taking legal action against you for non-payment of dues. It's generally recommended to continue paying maintenance fees while pursuing a resolution to the leakage issue.
thanks
Posted On 10-Aug-2023
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