There has been a leak into my property from the flat upstairs. This has now been fixed, after the building management company engaged a leak tracing service. The source of the leak was wholly in the property upstairs.
There is significant damage to my home.
The communal (for the block of flats) insurance policy will cover repairs to my home, but the excess on this policy is £3000. The insurance company have inspected my property and approved the proposed work.
I was told that I must (1) engage and pay contractors for the work, and (2) submit the invoices to the management company who are handling the claim with the insurance company. I will be reimbursed costs above the excess.
My understanding is that the owners of the flat upstairs are liable for the excess - and would indeed be liable for the entire cost if our communal policy was not in place. However, they are refusing to reimburse the excess.
I think there is still mileage in trying to speak to them further, and the management company have also agreed to speak to them to emphasise that they must reimburse me. However, I am getting everything ready for a small claims court claim just in case; I really can't afford to be £3000 out of pocket! (And in reality of course it is much more than that - I have had to miss work to deal with this etc, but I understand that those losses will not be recoverable.)
I have plenty of evidence, including messages where they have admitted liability, plus the leak tracing reports, insurance inspection, invoices etc. But I do not have their address, and I am aware that they are currently outside the UK so even if I find their address abroad it doesn't help me.
Can I use their names and the address of the flat above for the claim? I am certain that they still own the flat, and indeed that they manage the rent of it themselves (i.e. it is not rented via an agency). If I do this, will any costs awarded by the court be enforceable given that they seem not to be in the UK?
Thank you!