Leak from above - Advice required

mehrgeld

I have notifed the landlord of the flat above mine about a leak from his flat into my bathroom.

This is not an unusual matter as we had a similar problem two years ago. It cost £5000 to rectify and a week of huge inconvenience.
I emailed him a month ago and then sent a follow up email this week with photos of the damage so he could see the extent of the problem.

He still hasn't got back to me.

I don't know the full nature of the damage or even if it is all from his flat but the least he could do is investigate if only to eliminate himself from the list of possible causes.

What are my options here? I suspect that if the damage is more than cosmetic than I can claim for the cost of repairs on the building insurance but an additional worry is that we are in the process of trying to sell our flat and any damage (be it structural or just cosmetic) is going to put off potential buyers.

pararct

Do you have a contact address and or telephone number? Is there a tenant in the flat above? Have you enquired of the tenant what is going on? Is the leak constant or intermittent (such as when a shower is being used?).
If you don't have the name and address of the owner query the Land Registry site pay your £4 and you can get it.

Couple of years ago the builders (who were renovating the flat next door out back) pulled off my gutter line when they installed new run offs and left it. I got the owners details via the LR and wrote two letters requesting he put the matter right asap. The second gave him a time limit after which I would authorise the work myself and recoup the cost via the small claims court. He then did the work.

Your problem is you need the leak fixed before you can make good any damage. Costs incurred from such damage repair should be charged to the upstairs LL who can claim it from his insurance if he so wishes. I suspect that if there is no compunction on the LL himself to repair the problem then you may be able to get environmental health to intervene.

G_M

Have you put your problem to the landlord in writing - recorded delivery?
Have you tried phoning for a chat?
Have you spoken to and better still written to the tenant/occupier?
Have you pointed out to the tenant/occupier that he has a duty to act in a tenant-like manner which includes reporting problems to his landlord?
Have you writtent to 'The Occupier' suggesting you will be passing him the bill for damage caused by his actions/inactions?
Have you contacted the Freeholder?
Is there a management company for the flats?
What has your insurance company said?

mehrgeld

Have you put your problem to the landlord in writing - recorded delivery?
No
Have you tried phoning for a chat?
No. I have sent him an email and obtained a 'Read' receipt. If I try and chat with him I am liable to lose my temper.
Have you spoken to and better still written to the tenant/occupier?
No. The tenant is moving out and I contacted the landlord directly so that he could investigate.
Have you pointed out to the tenant/occupier that he has a duty to act in a tenant-like manner which includes reporting problems to his landlord?
No. They are moving out and it is better to contact the landlord directly as he has the responsibility for fixing it.
Have you writtent to 'The Occupier' suggesting you will be passing him the bill for damage caused by his actions/inactions?
I will do if he doesn't address it by the end of this week.
Have you contacted the Freeholder?
The freeholder is a pension company with no interest in the day to day running of the property.
Is there a management company for the flats?
Yes. He is the director of the RTM company and I am a member of it.
What has your insurance company said?
Haven't spoken to them. I can't start repairs until the problem is fixed. If the problem is to do with the house than it would be buildings insurance rather than my contents insurance that would have to cover the cost of repairs.

He has got back to me with tales of masticking and the flat being refurbished. I have replied that this is irrelevant and he needs to investigate properly if only to eliminate his flat from the list of possible causes. I also pointed out that the problem may be related to a leaky bath/sink/toilet and therefore masticking isn't going to make a difference if that is the case.

InkZ

When I had the same problem, I spoke to the managing agents and they contacted the landlord, and arranged the insurance claim etc. They asked if I just wanted to use their guy that does all their maintenance rather than getting quotes from everywhere. It took about a month to process the claim (my spare bedroom was trashed) but it all got sorted without too much hassle. I didn't actually have to do anything other than phone the agents and sign a claim form.

Remember that Carpets etc will not be covered under buildings insurance so you will need to claim on your contents.

jaybee2151

Im really sorry but i want to leave a new post and cannot find anywhere to start a new one !!!! Can someone point me in the right direction please... I find this site really confusing !

tbs624

Whilst appreciating your frustration, particularly as you say you have a similar issue before, perhaps your own tone (eg: "If I try and chat with him I am liable to lose my temper.", "I have replied that this is irrelevant") and refusal to deal with this f2f is less than helpful in working towards a satisfactory resolve?

You say that you wish to sell so bear in mind that it is not just a case of getting the leak sorted/damage repaired. You will be required to declare your "dispute" over this on your SPIF ( seller's property information form).

Have you actually invited the LL/owner down to your property to see the damage for himself?

tbs624

jaybee2151 wrote: »

Im really sorry but i want to leave a new post and cannot find anywhere to start a new one !!!! Can someone point me in the right direction please... I find this site really confusing !

Go back to the main HBR&S board - new thread button up at top left

tbs624

InkZ wrote: »

When I had the same problem, I spoke to the managing agents and they contacted the landlord, and arranged the insurance claim etc.

The OP indicates that the LL of the other flat is in fact the Chair of the RTM peeps........

mehrgeld

tbs624 wrote: »

Whilst appreciating your frustration, particularly as you say you have a similar issue before, perhaps your own tone (eg: "If I try and chat with him I am liable to lose my temper.", "I have replied that this is irrelevant") and refusal to deal with this f2f is less than helpful in working towards a satisfactory resolve?

You say that you wish to sell so bear in mind that it is not just a case of getting the leak sorted/damage repaired. You will be required to declare your "dispute" over this on your SPIF ( seller's property information form).

Have you actually invited the LL/owner down to your property to see the damage for himself?

I am happy to talk to him face to face but he is not a live-in landlord so arranging a meeting is not impossible just problematic.

When I used the word 'irrelevant' that was me paraphrasing. It was couched in more diplomatic terms than that!

I will do as you say and suggest he visits so he can see and smell the extent of the damage.