Neighbour damaging my property - advice?

em_z

Please see post #8 for update:
Hi all
A bit of a long one, but hope someone can help.
I own a flat (leasehold) and last year there was a water leak through our ceiling, leaving water marks on two walls and ceilings and around a light fitting on the ceiling. It took a while to get to the bottom of which flat was causing the problem, but by a process of elimination, discovered it was the flat above next door. The neighbour was very hostile, but after two more big leaks, she eventually agreed to allow investigators into her flat to try to locate The source of the leak. The leak originated with her bathroom tiles and the bath seal. Both needed repairing. She was in her two year snagging period, So the cost of repair was covered by the building management/landlord. Once her apartment was repaired there were no more issues.

This morning I awoke to the same damp wall and brown water stains. Our building concierge went up to explain the situation to her, and she bit his head off saying that she was a solicitor and would get a harassment order if anyone else approached her about this matter. She said the issue previously was not with her flat (despite the insurers investigation providing evidence that it was coming from her bathroom) and that we caused her great inconvenience last time. Now she is out of her snagging period, and I don't know what to do, being as she does not seem willing to make the necessary repairs to her apartment.

Does anyone have any advice that might help me resolve this situation? It would be very much appreciated.

em_z

Can anyone help?

jamespetts

If she really was once a solicitor, she would well understand that what you describe was not harassment, and so it seems that she is being quite dishonest. You should probably see a solicitor, as it appears that this person is being wilfully obstructive.

sooty&sweep

Hi
Have you looked at the lease that you've signed ?
I would expect there to be something in there that says she must cooperate in such circumstances.
Jen

em_z

Thanks both.
No, will check out the lease though. Just have to dig it out!
I looked up the law on harassment orders, and think she is just trying to intimidate us. I have free legal advice through my bank, so will be phoning them tomorrow.
My plan of action is 1. See what building management can do (though doubt they'll be interested. 2. Send a registered letter to her, explaining what we expect her to do. 3. If nothing is done, get in touch with a solicitor with a view to taking her to court.
I have no idea what her problem is! Concierge happened to have a plumber onsite yesterday who was willing to have a quick look, but she refused. Not sure if it's worth trying to contact her myself, she was hostile last time this happened and doesn't seem to have changed. I'm just so frustrated!

zaax

Do you have legal cover check, house insurance, union, work etc.
As she needs a cease and desist letter as its damaging your property

jamespetts

Even if you think that she will be unreasonable, it is still worthwhile contacting her, not least so that you have a clear record in writing that you are the one being reasonable.

em_z

Hi everyone
I'm resurrecting this thread because the upstairs neighbour has flooded our flat again! The flood woke us up at 1am on Saturday morning and we were up til 1.45 waiting for the water to stop coming through our light fitting. The neighbour wouldn't answer the door on Saturday so I wrote a civil note asking her to get a plumber. I went to see her again this evening, and caught her coming in, she was very aggressive claiming the damage couldn't be from her flat (even though this is the third time). Anyway, she has a plumber coming round this evening, but it's the same person who has fixed the leak the last two times. I'm concerned about the quality of his work, given he can't seem to fix the issue properly. He's never seemed very competent so I fully expect the leak to recur. Is there any way I can get him to provide a guarantee or anything? And can I get my insurance involved given she appears to be getting the repairs done? I'm fed up of this and worried because the water has come into contact with the electrics

andyhop

Contact your own insurers and let them handle it. They will pursue your neighbour /there insurance at there cost

em_z

Thanks, I only have contents as its a shared buildings policy. The buildings insurance are trying to say it's a private repair and nothing to to do with them. Should I contact my contents insurers?

jbainbridge

Read the buildings policy and see what it says ... surely damage to the ceiling / walls is not contents?