Leak from flat above

Bullwinkle

Hi forum,
Looking for advice on an intermittent leak from the leasehold flat above mine (also leasehold), which has been going on for the last two years. It started in the bathroom, with water dripping from the ceiling and I noticed water flowing through the adjacent wall where my electricity box is housed. Water has also leaked into my kitchen on three occasions which was down to the above flat's washing machine overflowing. There was another leak on Tuesday, which coincided with upstair's installing a new boiler.
I keep on informing the tenants (fourth different set of people) and have spoken to their landlord, but I get the idea they are spinning me some story about calling out a plumber who cannot locate the cause. The housing association only got involved because upstair's said they had a blocked pipe and it was the council's responsibility to solve it. An inspection has been carried out in September and I am still waiting for their findings.
The plaster is falling off my bathroom ceiling, there is more water damage in the kitchen (ceiling and floor) and a couple of water tracks on the wall of the living room, I had to get the meter changed as the wires had corroded and started crackling, I had to replace the shower cos it broke down and now the replacement needs fixing which I can only think is down to the water getting into the electrics.
I have read similar posts and get the idea that most of this can be deemed accidental even though it is a recurring problem. Do I have any recourse to pursue the landlord of the flat above mine for damages?
Thanks in advance.

macman

Yes, of course you do. Put it to him/her in writing by recorded delivery that you expect the fault to be remedied within 14 days and repairs made to your property at their cost, otherwise you will pursue them for damages through the Small Claims process. However you'll have a much harder job getting any compensation for repairs you have made you yourself up to 2 years ago-why have you let it go on for so long?

Bullwinkle

Thanks for your reply macman.
The problem is that the landlady (and host of different tenants) say they cannot locate where the leak is coming from and so won't do anything. She said it could be external pipes and referred the matter to the council and it was their responsibility.
The only repair as such is replacing the defunct shower, the new one is under warranty and in the process of getting that fixed. I haven't decorated cos the leak comes back.
Why have I let it go on? Well I thought I'd give her the benefit and let her fix the problem, but then hit a brick wall when they can't find a leak or don't bother to look. The problem goes away and I forget about it and in honesty I wasn't sure what to do and whether they were legally viable (read some conflicting stories on this site and others). Now I'm waiting to hear back from the council and what comes out of the inspection.
Do I need to contact their insurance company or is sending something in writing as you state the best course of action? Also, the most recent dripathon could have been caused by the plumbers installing a new boiler, do I need to contact the plumbing company as well as that is a separate incident?

macman

What have the council got to do with it? It will depend on the leasehold ageement as to who is reponsible for it between the landlady and her HA. If it is an external leak then the water authority would be involved.
If your flat is with the same HA then why don't you complain to them direct, it might spur them into action. Otherwise put some pressure on her as suggested, as it doesn't seem she is that bothered until it's going to start costing her money.
If her plumbers have caused a separate leak then again you need to pursue this with her, as they are her contractors.

keystone

Bullwinkle wrote: »

The problem is that the landlady (and host of different tenants) say they cannot locate where the leak is coming from and so won't do anything.

Thats because they can't be a...d to look for it properly.

She said it could be external pipes and referred the matter to the council and it was their responsibility.

Thus abrogating her own.

Do I need to contact their insurance company

No - the only insurance company you can contact in such a case is your own.

or is sending something in writing as you state the best course of action?

I would say yes then they are firmly on notice.

Also, the most recent dripathon could have been caused by the plumbers installing a new boiler, do I need to contact the plumbing company as well as that is a separate incident?

She is responsible as they were working for her. It may be thats its their insurance that coughs up for that one eventually but its a question of geting liability apportioned.

Macman is right you need to pursue her more vigourously.

Cheers

Bullwinkle

macman - council were involved cos she said it was blocked pipes external to the property causing the problem, that's why the HA came over to inspect. I did contact HA when the problem first arose and was told it was her responsibility. Hopefully the results of the inspection will shed some light, though the HA is dragging its feet in replying to my calls/emails.

keystone - thanks for clarifying the insurance and plumber issue.

Thank you both for pointing me in the right direction and yes you are both right that I need to grown some proverbials to get this resolved.

Appreciate you both sparing the time to reply,
BW

macman

Bullwinkle wrote: »

macman - council were involved cos she said it was blocked pipes external to the property causing the problem, that's why the HA came over to inspect. I did contact HA when the problem first arose and was told it was her responsibility. Hopefully the results of the inspection will shed some light, though the HA is dragging its feet in replying to my calls/emails.

keystone - thanks for clarifying the insurance and plumber issue.

Thank you both for pointing me in the right direction and yes you are both right that I need to grown some proverbials to get this resolved.

Appreciate you both sparing the time to reply,
BW

Then that is the water utility company's responsibility, nothing to do with the council. If it is external to the building, you almost certainly share a common drain, so you would have the same problem. If it is outside her flat but within the overall building, it must be the HA's responsibility as the freeholder, so write to them.
NB: Don't call, don't email, it's a waste of time. Put it in writing by recorded delivery, then you have a paper trail and proof of delivery.

Bullwinkle

Cool, thanks.
I will put everything in writing and send recorded.

mart.vader

macman wrote: »

Then that is the water utility company's responsibility, nothing to do with the council. If it is external to the building, you almost certainly share a common drain, so you would have the same problem. If it is outside her flat but within the overall building, it must be the HA's responsibility as the freeholder, so write to them.
NB: Don't call, don't email, it's a waste of time. Put it in writing by recorded delivery, then you have a paper trail and proof of delivery.

Agree with everything you say above except the bit about the water utilities responsibility. They aren't liable for leakages from down-pipes, which appear to be on an upper floor and thus coming thru ceiling. It's probably HA's responsibility who may or may not be the Freeholders. or it might be the leaseholders' resp. (of the flat with the leak), depends on the lease.

Yes - send the letter Recorded Delivery, putting them on notice. Then go to Royal Mail website and print off the proof of delivery. (just in case)

You should not have put up with this for two years ! !

Edit: When she says "external to the property", I assume she means outside the flat, i.e. leaking pipes going down or up the outside walls - not "external to the property" meaning in Council or public land.