water coming in from flat above....

kickingk50

Hello,
Can anyone advise me please?-My 20 year old daughter and her boyfriend moved into their first home together last week,a rented flat in a large block.Flat is nice and they are pleased with it but a few days ago they noticed water on ceiling of their bathroom.They are on 2nd floor and there are 5 floors altogether.They reported this at once to the letting agents who said that the day before they signed their t/a last week,the flat below my daughters(on the 1st floor),had reported a leaking ceiling so the l/a had contacted a plumber who went round and determined the leak wasn't coming from floor 2(dtrs flat but she didn't live there then),but it must therefore be coming from floor 3....
As floor 3 flat is not let by same agent,they say they have contacted the company that manages the maintenance of the whole block,a co called contour. I tried to contact contour on my daughters behalf as it seems her flat is sandwiched in between the one that's presumably leaking above(it's coming from shower we've been told) and contour wouldn't discuss with me..L/A of daughters flat say they are not responsible for leak as it's not coming from my daughters flat(even though it is now dripping down,going into lights on bathroom ceiling and getting worse and will cause damage,paint already coming away on ceiling).They say they will try to sort it but need to find out who LL of flat above is etc(seems all different investors own different flats),My question is this..If this doesn't get resolved,are my dtr and her b/f within their rights to withold the rent due next month? We realise we need to give L/A time to try and sort it but if it doesn't get sorted,what position does this leave dtr/bf in?
We've tried to contact tenant of above flat(who is presumably unaware their shower is leaking so is probably not concerned),but as yet,cant get hold of them.Thanks for any advice anyone has on this issue.

camptownraces

The Letting Agent doesn't seem to know what to do.

The correct procedure is for your daughter and b/f to contact their Landlord (L). They should do this IN WRITING - that is by letter - to L, also sending a copy to the Letting Agent, and keeping a copy themselves.

L will probably then raise the issue with the Freeholder (F) of the flats. It's then up to F to sort out these issues, possibly involving the managing agents (Contour?).

No, rent should not be witheld.

But the tenants MUST have a paper trail of the fact that L has been alerted, and should mention in their letter their initial contact with Letting Agent giving the date, the name of who they spoke to and that person's response.

G_M

First, put this issue in writing. A letter addressed to the landlord (with copy to the agent) sent to the address provided 'for serving notices'. Specify
* the problem
* date first noticed
* date and method first reported and to who, with what response
* whetehr it is continuing
* whether there is ongoing damage, and whether this damage will get worse over time
* whether the damage is to the LL's property and/or the tenant's property
* request for a written response within 3 working days saying what is being/will be done.

Might be worth sending a copy to 'contour' for information

2) Is the flat above occupied? Knock on door. Write letter. Leave a note pinned to front door. Be polite!

3) identify owner of flat above, and contact (phone if possible followed by letter)
a) ask occupant
b) Pay £3 to Land Registry for the Leasehold Title

4) do not withold rent. You do not want to be in rent arrears

5) take photos of the damage. Forward to the LL/agent and keep them in case of future dispute over damage.