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Lettings Agent query - can they do this?!

Just wondering if someone can advise me on the following please?
We have been in a 2 bed masionette for approximately 6 months now. Within the first 3 months the lettings agents contacted to say that there was water leaking from our bathroom and into the lady's flat below us.
We agreed that they could come in and investigate.
Upon investigation, they claimed that there was no leaking pipes etc but it was in fact water that 'must have been coming out of the bath when having a bath / shower' (as it is a shower over bath) running off down into the flat below!!
Now, considering myself and partner had only had showers and we also had a shower curtain and also a bath mat, we explained that this was not the case as there was never any water on the floor at all!

Their response was that the shower curtain must be too short and we must purchase a replacement, even though our current shower curtain sits comfortably INSIDE the bath when we shower any way!
I then responded, stating that we would be happy to replace the shower curtain, providing they tell me the minimum shower curtain length they would like us to purchase. They did not respond and the lady downstairs for the last 3 months has said nothing about it since?

I then got the following email today from our lettings agent:
Dear *******

We have had several visits from the lady in flat 2 reporting that she is continually getting leaks into her flat from the bathroom in your flat. I have spoken to your landlord and she confirms there are no leaks from underneath the bath and that she feels there is still a problem with the shower curtain being left hanging over the side of the bath and running on to the floor. If this is the case your landlord has advised that any damage caused to the flat below will be charged to your selves.

Kind Regards

***
Assistant Manager

I am now unsure how we are supposed to respond? They are blaming us for something we know is not being caused by us, can anyone please advise?!
I could possibly do a before and after video / photo of the floor before and after a shower? I don't know what else I am supposed to do!

The constant accusations from them make us both feel awful as well!

:huh:

Any advice would be much appreciated. :(
«13

Comments

  • Ask what where the qualifications of the person who inspected the plumbing and did they trace the drains or perform a dye test on the drains to find the possible cause.
    Or did a non qualified lay person make the decision.
    I do Contracts, all day every day.
  • kinger101
    kinger101 Posts: 6,559 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Write again and ask them to get a plumber to investigate. Copy in the landlord. Agree to pay for the plumber if they find you are at fault.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Could you also go and speak to the lady downstairs yourselves? Might help work out if it is happening at a particular time and whether it is linked to when you have a shower (e.g. could be something below the plug hole?)

    Leaving a shower curtain over the bath shouldn't be causing leaks anyway.
  • A colleague of mine had water leaking from her bathroom ceiling. She thought it might be from the flat above and reported it to the letting agent but when the plumber came out to investigate they couldn't find the problem. They had to call him out a second time to do more investigation and on this occasion they found that it wasn't the flat directly above but the flat next door to it that was causing the leak. Just tell them to get a professional to investigate and don't back down if you know you're right. Maybe photographic evidence isn't a bad idea
  • GaleSF63
    GaleSF63 Posts: 1,541 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I have had water coming down from the flat above a few times - caused by water getting through the seal round their bath and also because their bath overflow pipe had come adrift.

    Have you checked to make sure the seal is really secure all round the bath, but particularly at the end near the shower, and that the overflow pipe hasn't come away from the overflow outlet on the bath?

    It wouldn't be a bad thing if it is either of those - they are so easy to remedy. And not your fault.

    If the cause is the shower curtain, I'd have thought if there was enough water to run through to the flat below it would be unlikely that you could miss seeing it.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 27 January 2015 at 4:31AM
    Suggest you take the side panel off the bath and look for yourselves and photograph the floor underneath. Is the sealant between the bath and the wall sound? Have you checked the floor for water after a shower? If you are flooding the floor enough to go through the ceiling there would be evidence of a damp floor. Why not invite the agent to show them the floor isn't water stained? Have you checked round the sink and loo, plus kitchen as they have water also. The water may be travelling along before coming out of say a light fitting so the damage below may not be right above the source of the leak. Perhaps it's from internal pipework? Talk to the neighbour to see if the leaks coincide with your showers, or running the washing machine etc.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I very much doubt that the cause is water spilling on the floor, assuming you are telling the truth (and I have no reason to doubt it).

    Another, more likely, alternative to a problem in the pipes or fittings (which is still a leading candidate for a problem) is that the sealant around the bath has a gap and is leaking.


    Dear Assistant Manager,

    Thank-you for your email. We share your concern about the leaks.

    As per our earlier communication, I can confirm that the shower curtain fits comfortably inside the bath and the damage is not, and never has been, caused by water splashing on the floor.

    We can also confirm that a full inspection of the pipes, fittings, sealant and the floorspace has not been properly conducted by a professional. We would be happy to help arrange access for such an inspection.

    Suggesting that we will be charged for any damage without identifying the source of the leak or any potential disrepair is premature.

    Please contact us if you would like to discuss further.

    ...


    [Obviously adjust to reflect the specifics of your situation, just a start]

    Then go and talk to your neighbour, and tell her the status of the issues. You could do with having her onside, as she probably thinks that you are creating a swimming pool up there.
  • I agree one area to consider is the seal / grouting.

    In our house there was some old water damage on the ceiling below the bathroom which we accepted as "badly installed pipes when originally done". Once in we soon found out that the bathroom wasnt water tight at all and any water hitting the tiles/grouting was going directly through, down the walls, into the floor and through the roof. It was a good job we had removed the damaged board below so that we could see the extent of the problem. With the board up it soaked up most of it so wasn't as obvious when it was happening.
  • JWIOW
    JWIOW Posts: 93 Forumite
    Thank you all for your help! I will respond to their email tonight and request a professional to inspect, as well as inspect the area myself by taking the panel off. If I notice anything potentially suspect I will photograph and upload here!
    I'll update further when I hear more. :)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If water is soaking through the floor/ceiling into the flat below, your floor will be very damp.... somewhere. Probably under the bath. So yes, take off he panel and look.

    If the floor is dry, then the leak is from elsewhere. If damp, you know your bathroom is the source.
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