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  • FIRST POST
    • Gaur
    • By Gaur 18th May 17, 12:06 PM
    • 15Posts
    • 0Thanks
    Gaur
    Kindly Advice:: New Flat above my Flat, Seepage into my Flat
    • #1
    • 18th May 17, 12:06 PM
    Kindly Advice:: New Flat above my Flat, Seepage into my Flat 18th May 17 at 12:06 PM
    First of all sorry for the long post.
    My landlord is building a new flat on top of my flat. Yesterday morning when I got up I saw water seeping through the walls and through the light fixtures in my living room. Only my flat is affected by this. Kindly advice what can I do if the builder does not agree to satisfy my concerns

    Following is the conversation I had with him on the email.
    His email to me.
    Dear Sir,

    Further to meeting yourself today, I would again like to apologise for any issues that have arisen in your apartment.
    I can confirm that we will put right any damaged caused by our company to your property. We have given you a dehumidifier which over the couple of weeks will pull any moisture from the air. We will then be in a position to re-decorate your living room. You have had contact with our Site Manager who is based at the building, and would ask you to contact him directly should you have any more concerns. We will monitor the dampness, so may require access back into your property in the coming weeks.
    Thank you for your understanding.[/COLOR]

    My Reply
    Hello xxx
    Thank you for your visit yesterday. And I appreciate your offer to put right any damage caused to our property.
    For everybody's benefit I have attached the video of room showing the state of room this morning.

    Due to the unfortunate event of seepage of water into my property I wish to state my expectations from you

    1. With regards to the roof of living room, After taking the opinion of my friend, who is a builder, I am afraid to say that water has done lasting damage to the plaster boards in the ceiling. As the water has run all over the ceiling the whole ceiling needs to be changed.

    2. With regards to the wooden floor, we'll wait for a week to see if any bloating appears on the surface. In any case a closer inspection of the floor is required.

    3. With regards to the damage caused to the dining table, You have told me that you would get it repaired. But any repair is going to leave a visible mark and I don't think it can be restored without a blemish. So instead of repair I can give you model number of this IKEA dining table and I request you to have it replaced instead.

    4. It seems likely that water seepage is going to leave a mark on the walls as well as on the ceiling. So I also request you to confirm re painting of the living room.

    5. I have left the Dehumidifier on since you put it there in the afternoon. The meter readings taken today evening at 2024 are R2 3543, R1 7977. I hope you don't expect me to bear the electricity cost of dehumidifier running day in and day out for weeks.

    6. Also you need to compensate me for any holiday taken from work on account of the problem. I have already taken one day off yesterday as I was waiting for your visit and getting the room cleaned by the builder.

    I look forward to your prompt reply.


    Freeholder reply

    Dear Mr X
    Our site foreman has made an attempt today to gain access into your apartment to collect the de-humidifier and check your balcony area where he would like to sweep up any debris. Please advise a time when he will be able to do this. He is on site from 7am until 4pm.
    Shortly we will have finished building the structure to the new flat upstairs. As was discussed and promised to you, we will put right the unfortunate damage caused to your property.
    Time is required for the water damaged areas to fully dry out. Once this has happened then redecoration works can take place.
    We will not be replacing the ceiling in the room as this is totally unnecessary. It will be redecorated as will the walls.
    A dehumidifier was supplied to assist in drying out the room and help take the extra moisture from the air. You have taken meter readings but I am not sure how this can be applied to the situation.
    The cost of running a dehumidifier is negligible. Whilst you are living in the flat you are using electricity for all the facilities in your property. We offer £10 towards the added cost for running the dehumidifier.
    It was not necessary for you to take a day off work and this was your decision. We will not be compensating you for this.

    My Reply:
    In the morning we leave at 7:30 AM. Mon - Fri. And if they knock us at 7 AM any day we should be able to give access to the property and to the balcony.

    As regards to the ceiling, I quote my builder friend here, "it is clear that the water seepage has made itself visible on all corners of 16x12 room. and also at all the joints in plaster boards where ever they are. Which means water has run over the all of ceiling. The plaster boards are such that once they take water the damage is lasting. "
    May be we should look at RICS building surveyor for our mental satisfaction.

    As regards the dehumidifier, I don't mind 5 days consumption by it. I was worried as in the first email you have said couple of weeks. I though it is going to run for 15- 20 days and more.

    As regards to my taking off one day. I called you at 7 AM. And you said you can not come straight away as you were going to Croydon in the morning. You also said you would bring dehumidifiers with you. Your site supervisor and you turned up at 1400. Had I gone to work, how would you have entered the living room. And also I could not go until I have met the freeholder and shown the damage. I work at 1.5 hours journey from my home. I come back late.
    And despite my mentioning of damage to the dining table in the previous email and during your visit, you have not said a word on it. I am attaching two pictures with this email. First is when water was on the table. And second is problem caused due to it. I agree it is a minor problem but why should I suffer even that.

    Hope to hear from you soon. I hope to sort the matter amicably and get out of this stress as soon as possible.

    regards
    Last edited by Gaur; 22-05-2017 at 10:54 PM.
Page 1
    • Cakeguts
    • By Cakeguts 18th May 17, 12:17 PM
    • 3,107 Posts
    • 4,303 Thanks
    Cakeguts
    • #2
    • 18th May 17, 12:17 PM
    • #2
    • 18th May 17, 12:17 PM
    Contact your contents insurance company.
    • eddddy
    • By eddddy 18th May 17, 12:27 PM
    • 5,439 Posts
    • 5,116 Thanks
    eddddy
    • #3
    • 18th May 17, 12:27 PM
    • #3
    • 18th May 17, 12:27 PM
    Just keep them informed of any new damage, or any potential damage - as you have done in your email.

    It's probably easiest to wait until they've finished the whole job, then get all the quotes and make a claim for all your losses.

    Although as they are builders, they may want to do the repairs themselves.

    If you cannot agree on what repairs are needed and/or how they are done - propose that an independent RICS building surveyor is instructed to advise on that (with the builders paying the fee).
    • shortcrust
    • By shortcrust 18th May 17, 12:42 PM
    • 1,419 Posts
    • 1,865 Thanks
    shortcrust
    • #4
    • 18th May 17, 12:42 PM
    • #4
    • 18th May 17, 12:42 PM
    I think your email is a little confrontational. I would go more for "I'd be grateful if you'd consider..." rather than "You need to..." and "I hope you don't expect...".

    Assume they're going to be reasonable until you have reason to think otherwise.
    • G_M
    • By G_M 18th May 17, 1:02 PM
    • 41,969 Posts
    • 48,575 Thanks
    G_M
    • #5
    • 18th May 17, 1:02 PM
    • #5
    • 18th May 17, 1:02 PM
    Can I just clarify - you say 'landlord'.

    Are you a tenant with an AST, and your landlord is the owner (leaseholder) of your flat, AND owns the flat being built above?

    Or do you 'own' the flat - ie you are the leaseholder, and the 'landlord' is the freeholder of the building?

    Either way, you seem to have sensibly put in writing the problems, and highlighted your expectations.

    I too would modify the language slightly, to make it friendlier/less 'demanding'. This can be done while still making clear a) the problems and ) your expectaions. It's just a matter of style. Whilst relations are friendly, the last thing you want to do is turn things confrontational.
    Last edited by G_M; 18-05-2017 at 5:38 PM.
    • Gaur
    • By Gaur 21st May 17, 12:38 PM
    • 15 Posts
    • 0 Thanks
    Gaur
    • #6
    • 21st May 17, 12:38 PM
    • #6
    • 21st May 17, 12:38 PM
    Unfortunately I don't have contents insurance. Thanks for the advice though
    • Gaur
    • By Gaur 21st May 17, 12:39 PM
    • 15 Posts
    • 0 Thanks
    Gaur
    • #7
    • 21st May 17, 12:39 PM
    • #7
    • 21st May 17, 12:39 PM
    thanks for pointing that out...it did not want to be confrontational....I'll take care from next time
    • Cakeguts
    • By Cakeguts 21st May 17, 12:41 PM
    • 3,107 Posts
    • 4,303 Thanks
    Cakeguts
    • #8
    • 21st May 17, 12:41 PM
    • #8
    • 21st May 17, 12:41 PM
    Unfortunately I don't have contents insurance. Thanks for the advice though
    Originally posted by Gaur
    Well now you have learned why you need to have it.
    • Gaur
    • By Gaur 21st May 17, 12:42 PM
    • 15 Posts
    • 0 Thanks
    Gaur
    • #9
    • 21st May 17, 12:42 PM
    • #9
    • 21st May 17, 12:42 PM
    to G_M
    I 'own' the flat - i.e. the leaseholder, and the 'landlord' is the freeholder of the building.
    Thanks for pointing out about the language.
    • Icecannon
    • By Icecannon 21st May 17, 1:12 PM
    • 60 Posts
    • 33 Thanks
    Icecannon
    It wasn't confrontational at all, if anything it was restrained, considering the problems they have caused you.
    If it was any more restrained they would think they could walk all over you.

    And I would carry on sending the emails, so you have proof they are fully aware of what is happening, his suggestion not to email and only contact the site manager is not in your interest. Yes contact the site manager but follow it up with the emails.
    Last edited by Icecannon; 21-05-2017 at 1:14 PM.
    • Gaur
    • By Gaur 29th May 17, 12:00 PM
    • 15 Posts
    • 0 Thanks
    Gaur
    Please advice, the water is once again showing on the roof. Though not as bad as the last time. What action shall I take.

    I have updated my conversation in the original thread. It has happened after the above conversation.
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