Leak from flat above for over a year now

hoop_dreams

Help please....

Ok I live in block of flats which are all privately owned. I have had an ongoing leak from the flat aboves bathroom for over a year now. The flat above me has tenants living in it who have been very apologetic and helpful. Ihave notified the owner and tenants(there have been two different tenantsduring the length of time of the leak) on numerous occasions and been informedthat the leak has been fixed when it has not. I have been in the flat upstairsand had a look myself and saw that the bath has flooring missing from below itwith exposed joists which are now rotting and deflecting. This means thesealant around the bath is gaping open further and further causing more waterto fall into cavity below. As a timber frame house designer and having studiedthe degradation of timber through water ingress, it is in my opinion that it’sonly a matter of time before the joists fail under the weight of a full bathand the floor will collapse causing serious injury to person or persons anddamage to the properties.

I have notified the building factor but they have stated that they only cover the hallways and roof.

My next port of call was environmental health as I now have mould forming on my walls and ceiling and my 3 year old fitted bathroom now has tiles falling of the walls. :mad:

I have contents insurance but I changed supplier 6 months ago and never notified them of the leaks so fear any repairs will not be covered.

I am at a loss at what to do and I am reluctant to have my 1 year old son stay over with me as its unsafe and bad for his asthma.:(

I am looking to move soon to a house with a garden for my little one and have been saving accordingly but until I get this sorted I am stuck. I thought about the courts but have been informed this could take time.

Please note I am in Scotland so some of the laws and requirements may be different to what has been suggested on the other threads.

Any help is much appreciated.

aggypanthus

It will be buildings insurance which will cover water damage , not contents.
Dont you have your own buildings insurance?
Check your paprerwork from when you purchased the flat to see what it says re the factors / and your responsibilities .
I am no expert but in the same situation.
Our block of flats are covered by a commercial policy (in the factors name) , each flat is listed, and covered. The factors responsibility stops there. I simply got the ins details from them, and put in my claim.

So, I would not trust the factor just yet, but get the ins details and call them up to see if you are covered.
You would not have been given a mortgage without proof that biuldings were insured, it seems very odd indeed.

pennypincher3562

I was in a similar situation. Very difficult. The Factor acted as a middleman for me, and communicated my feelings to the 'offending owner.' After about 6 months, the external leak was fixed (leaking external overflow pipe, staining front of my flat.) I basically communicated to the 'offending owner' through the Factor that it was in their interest (the property owner) to fix the problem now, or incur greater costs later. I have to admit, I had no idea what I was talking about, but it seemed to work....

PennyPincher3562