Unoccupied flat flooded

rcjm

Wondering if anyone might be able to advise.
The flat below me (4 in a block) has been suffering from a major damp problem in one internal wall over last 3 months and it was initially thought to be my flat causing this. The damp was spreading from ceiling downwards.
My flat has been completely checked by plumber and completely ruled out.
The flat next door to me had the plumber round and was found to be the problem - leaking water tank.
So the problem flat is diagonally opposite the flat suffering with the damp problem, however the flat directly below the problem flat is unoccupied and has been for years.
We have been trying to contact owners of unoccupied flat because we can hear dripping water inside, and also the flat with the damp wall is never going to get dried out while the bigger damp problem lies with the unoccupied flat which seems to be flooded.
We have written to them recorded delivery to advise but they seem to be ignoring the problem. We have contacted environmental health who don't seem to be doing anything either.
Without owners of unoccupied flat taking action, the owner of flat below me is never going to get their wall to dry out.
Does anyone have any advice as to what else we can do?

sujac

If you're not sure who owns it you can download the title deeds from the land registry online for about £3 I think. It may show up another address they may help.

Doozergirl

The freeholder is allowed to gain access in an emergency, if it's in the lease. Might want to check that with a solicitor first, but I've had to run it past ours before.

rcjm

Doozergirl wrote: »

The freeholder is allowed to gain access in an emergency, if it's in the lease. Might want to check that with a solicitor first, but I've had to run it past ours before.

Thanks, we're actually in Scotland though, so no freeholder.

Also, we know for sure who owns it because owner of flat below me already has the owners details from the land registry, and mailed them recorded delivery. I work for the local council and can verify these details from our database.

But just don't know what to do if the unoccupied flat owners are just not interested??

imho

Can u not get a price for drying/sorting out the damp flats and send the bill to the owners of the offending flat and say if they dont pay you will take them to small claims court?
Do u have CAB in Scotland if u do got there and ask what to do

Norman_Castle

Your council may have a building control officer who could advise you.
You may be entitled to gain access after giving notice if possible as this is causing damage to neighboring properties.

The owners may be avoiding spending money on the property. Ask if you can have access simply to switch the water off.

rcjm

Thanks, think we will have to try CAB / building control.
Gaining access to the unoccupied flat is purely to limit further damage to any joining walls / joists / foundations, especially as the flat seems to be flooded from this leak at flat above it.

Doozergirl

Building Control won't help!

Owain_Moneysaver

Other owners in the building may have a right of access to other flats - see section 4.5
http://www.consumerfocus.org.uk/scotland/files/2009/10/Common-Repair-Common-Sense-full-version.pdf

You also I think have a right at common law to carry out emergency repairs to your neighbour's property and reclaim the cost from them. Before forcing entry however you would need to take advise from a specialist in Scottish property law.

The easiest way to progress this is to push the council to issue statutory notices. However this may mean charges apply to all the flats in the building, and you may be unable to sell or remortgage your flat while a statutory notice is in force.

rcjm

Thank you for all replies. I think I'll get onto environmental health again and see what they're doing

brightontraveller

There are 266 powers allowing officials to enter your home, not all require a warrant. firefighters in an emergency, police arresting a suspect. environment agency can gain access without a warrant if there’s danger of pollution or damage to public health etc my faves are the Bees Act 1980 foreign bee’s and Hypnotism Act 1952 offences related to stage hypnotism....



But your best bet is just go to court to gain access