Leaking for more than 6 months but not fixed.

Fila_2

I am a renting a flat at the top of the building and it leaks whenever there is heavy rain. It has been happening for more than 6 months and despite many attempts at contacting the agent and about the problem, it is still leaking. From what I was told, the leak is coming from above my flat and since I am already at the top of the building it is not caused by anyone else but a fault in the building so the property management company will have to find the problem in order to get it fixed.

The agency have contacted the management company about the matter but I am not getting any responses at all. Whenever I call the agency to get an update each week, they say they will ask the management property company and let me know but they never get back to me so I feel I'm getting brushed off.

As a tenant, I know that I have the right to have this problem fixed but they are definitely dragging their feet and I have been quite patient month after month but the leak spot is getting worse.

The question is, what are my rights if according to my agency that its the property management's position to have the problem fixed but the property management company is not actually doing anything about it?

BitterAndTwisted

The problems is most likely to be that the owner of the flat above is not repsonding to the agent. Unless the management company can get access they aren't in a position to do anything, bar breaking in. To protect yourself being viewed as responsible for any consequent damage I would put everything in writing to both the agent and landlord and keep writing on a monthly basis.

Fila_2

BitterAndTwisted wrote: »

The problems is most likely to be that the owner of the flat above is not repsonding to the agent. Unless the management company can get access they aren't in a position to do anything, bar breaking in. To protect yourself being viewed as responsible for any consequent damage I would put everything in writing to both the agent and landlord and keep writing on a monthly basis.

Hi BitterAndTwisted, sorry I maybe not have been clear in my original post. I am renting the flat that is at the top of the building through an agency. I am already at the top of the building so there is no one else living above me so the leak is probably due to a building fault. The agency says its the property management company that has to fix the problem but I am not being posted on what is happening as the leak is getting worse month after month which is causing me an inconvenience.

Mind_the_Gap

Fila wrote: »

Hi BitterAndTwisted, sorry I maybe not have been clear in my original post. I am renting the flat that is at the top of the building through an agency. I am already at the top of the building so there is no one else living above me so the leak is probably due to a building fault. The agency says its the property management company that has to fix the problem but I am not being posted on what is happening as the leak is getting worse month after month which is causing me an inconvenience.

Can you describe the extent of the leak and its impact on your life in the flat?

The reason I ask is because if it is bad enough, you could involve the EHO at your council who can require the LL/freeholder to repair it.

Fila_2

Mind_the_Gap wrote: »

Can you describe the extent of the leak and its impact on your life in the flat?

The reason I ask is because if it is bad enough, you could involve the EHO at your council who can require the LL/freeholder to repair it.

It is not serious compared to having no water or a gas pipe problem in which those require immediate attention. Its not affecting my life either.

The leak has been happening for over 6 months which I have reported it every time a property inspection was done but it wasn't that bad before so I didn't chase them. But recently it has been getting worse so I tried getting them to fix the problem asap. But the letting agent is saying its the property management company that has to fix the problem in the building. I am not getting any response thus far and even ask them to just let me know even if they are not planning to rectify the problem but have not received any response.

My problem is a bit different in that the letting agent is saying its the property management company that has the fix the problem. I know the simplest option is for me to just move out but I would like some opinion as how to progress if I stand my ground.

G_M

A bit more details please.

Does the leak cause a damp patch on the ceiling? If so, how big an area? Or does it actually drip down from the ceiling onto the floor (or run down the walls?). If so, how quickly do your buckets fill up?

Does it dry out between incidents? Does it only occur in wet weather? If so, does it happen whith a brief shower or only after a downpour?

If you are getting nowhere with the agent
1) try contacting the management company (in writing) yourself. Ask the agent for their address (they may/may not tell you!), and/or ask the neighbours.

Talking of which, are h other occupants in the block tenants like you or owner-occupiers? If the latter, tell them 'their' building has a leaking roof and get them to help with the managment company.

2) Contact The Environmental Health officr at the local council - they are pretty overworked/under-staffed these days, but report it in writing.

Ultimately, you could claim damages in a small claims court gaainst the landlord (eg if your expensive electronic equipment got damaged by a leak you had repeatedly reported........)

A 3rd option is to get repairs done yourself and deduct the cost from your rent. The situation is complicated by the (lack of) involvement by the Management Company meaning the landlord is himself limited by what they do/don't do. And if you take this option you MUST follow the strict process outlined here by Shelter:

The process is as follows:

• Step 1: report the repairs to the landlord in writing and allow time for them to be done. Keep a copy.
• Step 2: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time (eg two weeks). Keep a copy. See sample letter 1.
• Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
• Step 4: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg a further two weeks). See sample letter 2.
• Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
• Step 6: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money. See sample letter 3.
• Step 7: if your landlord does not give you back the money, write and confirm that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. See sample letter 4.