Ground floor flat owner - What are my rights?

stevo80

Hi all,

My mother owns a ground floor flat and water is leaking in through her ceiling from the flat above. It has been leaking for about 4-5days now and the ceiling is sagging, and turning black with mould.

The management company (who charge £70 per month!!!) are refusing to do anything.

The flat above is let out and the landlord has been very unhelpful and rude saying that "this is what you should expect living in a ground floor flat" - he is refusing to get the leak fixed.

We really don't know where to turn to get this sorted and need some advice please. Surely there are some rights and protection against this type of thing?

Can we force the landlord to get the leak fixed? He can be quite threatening at times and my mother lives alone so I'm worried about what could happen. Unfortunately, I live away and can't get back up to offer support.

Any help or advice would be appreciated.

Thanks all,
Steve

poppysarah

Does she have insurance (buildings?) ring them and ask what to do.

The landlord is being a tw at

BitterAndTwisted

As the flat is let has your mother tried to talk to the tenants about where this leak is coming from? To be fair to the management company I don't think it's anything to do with them if the landlord of the flat above is a different entity

googler

Wait until the upstairs folk are out, call an emergency plumber AND the police. Show the police the sagging ceiling, and hopefully they'll see fit to force entry to the upstairs flat to allow the plumber to fix it.

googler

The mould will be a health hazard, so you may want to call Environmental Health at the local council - they may have emergency powers to do something, possibly again involving the police, forced entry and an emergency plumber, or a statutory notice to the landlord.

PasturesNew

stevo80 wrote: »

"this is what you should expect living in a ground floor flat"

No, this is what you should expect living underneath the flat of an arrogant idiot.

I hope she gets it sorted soon.

princeofpounds

The above is good advice. Start with ringing the buildings insurer ASAP. They will, if covered, handle the repair and seek redress from the LL above if he has been negligent.

A written communication from him confirming he knows about the leak and is not interested in fixing it would be wonderful - it would mean that he can be proven negligent and will be liable for the damage and not able to claim on his own insurance when the insurer goes after him.

Other options include the police/plumber route (if the ceiling is about to collapse then it's a dangerous situation and they may well decide to help out).

But if this guy is the LL, can you not ask the tenant for access at least?

I'm staggered by this guy's idiocy. If he doesn't get it fixed his own flat won't have a floor any more. Does he think it's the freeholder's responsibility or something?

googler

If he thinks the pipe runs are below his floor, and above the neighbour's ceiling, he might think 'his' floor won't be affected... but agree, if the leak is coming from below a sink or basin but above his floor level, it won't be doing it any good at all.

The owner of the ground floor flat may have only noticed the leak 4-5 days ago, but if it's been a slow, steady leak, it's likely to have been ongoing for longer than this and has been building up.

My inclination would be to puncture a small hole in the ceiling in the centre of the damp patch to release any 'pooling' above the ceiling material - this might alleviate any risk of collapse due to weight of water. Be prepared with buckets and mops.

JayZed

Presumably if there is a management company, they are the ones that have taken out buildings insurance - your mother wouldn't have her own policy. The management company definitely has a responsibility here.

You need to speak to the management company again and insist that they call the buildings insurer and get this sorted. Regardless of the outcome of that conversation, you also need to write to them saying the same thing, noting the date that you first informed them about the leak and their failure to respond. You should also inform them that the landlord of the flat upstairs is being uncooperative and refusing to take steps to fix the leak.

You should also write to the upstairs landlord, note the date that you originally informed him about the leak and that he declined to do anything about it, and inform him that you have taken the issue up with the management company.

Keep copies of both the letters, and send them recorded delivery so that you have proof that they were received.

I doubt that you or your mother will be able to get the buildings insurer involved yourselves since you don't have a relationship with them. But taking the above steps will ensure that she's in the clear when the insurer asks why the damage was allowed to develop after the leak was first identified.

stevo80

Thanks everyone for your replies, it's much appreciated.

Ive forwarded the link to this forum onto my mother for her to see the replies and show that there is support out there for her!

She also managed to contact an employee at the mgt company today who seems to be on our side and is liaising with the landlord in the flat above. Hopefully we'll get it sorted soon.

Thanks again all.

googler

You may also want to see the tips on cleaning and removal of mould in the home here

...and possibly buy your mother a face mask or two in the interim......