On-going leak and my rights

Serena2013

Hi,
I am after some advice as I have been having ongoing leaks since 4th March 2020. There are 2 leaks in different areas of the flat that are coming from 2 different flats upstairs. It's really difficult to get this looked at and resolved as both flats are rented above as well as me renting my flat. The 2 leaks are in the bedroom, started on Wednesday 4th March and the Utility Room which started on Thursday 19th March 2020.
The utility room leak which started on 19th March did not stop until 7th April (2.5 weeks after). This has been due to communication challenges as many parties were involved, myself, the agency I'm renting from, the estate office who maintain the flats, the tenant in the upstairs flat and their landlord along with the tenant refusing access due to the virus. When the plumber finally got access to the flat above he confirmed the leak had been caused by a leak they had on the 4th March and as the work was not cleaned up properly the leftover water was coming through into my utility room. The plumber stated the landlord for the above property will still need to clean up the damp behind the toilet and if not cleaned up will start causing problems again in my utility room. The landlord is currently doing his own investigation on this. At the moment the leak hasn't re-started but there is no guarantee this will be fully resolved as it's with the landlord for the above property to look at. 
As for the bedroom leak which started on Wednesday 4th March the plumber checked the bedroom ceiling and believes this could be because of the underfloor heating and the leak is still ongoing. He said if it's not sorted then it will cause problems throughout the bedroom ceiling. So this has been leaking since Wednesday 4th March, occasionally stopping and re-starting and I haven't been sleeping in my bedroom since Tuesday 10th March. Instead I've been sleeping on the sofa bed next to the utility room which has been leaking from 19th March - 7th April. 
These leaks have been on-going for almost 7 weeks now, not fully resolved and I have been paying full rent for a 1 bed flat, sleeping on my sofa bed in the living room, living, working and cooking here as I'm now working from home. I enquired about compensation on Thursday 9th March 2020 and this is still being chased up by the Agency.
I am now looking to hand in my 2 month notice as luckily I have a place to stay that is empty and want to move out a.s.a.p. (of course not brilliant while we're encouraged to stay at home) but would like to know what I should be doing about getting compensation due to these leaks and the fact that I have and am still paying my full rent.
Would appreciate your suggestions. Thanks all.

RelievedSheff

What compensation do you expect to get?

I personally wouldn't hold out any hope of getting any. It is your landlord who is suffering damage to their property.

Comms69

Any compensation would be limited. Yes landlords inaction which means you cant use the full property may include a small amount of compensation. But it's like to be a fraction of the rent.

Serena2013

RelievedSheff said:

What compensation do you expect to get?

I personally wouldn't hold out any hope of getting any. It is your landlord who is suffering damage to their property.

So I am still paying full rent, while sleeping on my sofa bed since the leak in the bedroom which is ongoing means I am risking my health if I sleep there. I have videos of this leak. 
It sounds like I have no rights in this case unless I stop paying my rent or I take them to court? I am looking at taking this up legally as surely as a tenant I have rights?

Serena2013

Comms69 said:

Any compensation would be limited. Yes landlords inaction which means you cant use the full property may include a small amount of compensation. But it's like to be a fraction of the rent.

Interesting as it sounds like as a tenant I do not have much of a right here unless I withhold rent or take them to court. Both not brilliant but surely I would have expected compensation for this? Can I ask why you think it's likely to be a fraction of the rent while I'm the one having to live like this through no fault of my own?

Comms69

Serena2013 said:

Comms69 said:

Any compensation would be limited. Yes landlords inaction which means you cant use the full property may include a small amount of compensation. But it's like to be a fraction of the rent.

Interesting as it sounds like as a tenant I do not have much of a right here unless I withhold rent or take them to court. Both not brilliant but surely I would have expected compensation for this? Can I ask why you think it's likely to be a fraction of the rent while I'm the one having to live like this through no fault of my own?

You can withold rent if you choose to, it will likely mean no reference and a CCJ.
But to be clear, generally speaking no-one has a right to compensation before a court awards it.
It would be a fraction because you're use of the property is limited, but not excluded. You still have most of the facilities that accommodation comes with. In addition, you only get compensation for negligence (or malice). So is the landlord negligent? No, not really. It's a delay due to outside factors.

RelievedSheff

Serena2013 said:

Comms69 said:

Any compensation would be limited. Yes landlords inaction which means you cant use the full property may include a small amount of compensation. But it's like to be a fraction of the rent.

Interesting as it sounds like as a tenant I do not have much of a right here unless I withhold rent or take them to court. Both not brilliant but surely I would have expected compensation for this? Can I ask why you think it's likely to be a fraction of the rent while I'm the one having to live like this through no fault of my own?

With holding rent will likely just land with you in trouble and a court case or CCJ of your own to contend with and is not a good course of action.

Serena2013

Comms69 said:

Serena2013 said:

Comms69 said:

Any compensation would be limited. Yes landlords inaction which means you cant use the full property may include a small amount of compensation. But it's like to be a fraction of the rent.

Interesting as it sounds like as a tenant I do not have much of a right here unless I withhold rent or take them to court. Both not brilliant but surely I would have expected compensation for this? Can I ask why you think it's likely to be a fraction of the rent while I'm the one having to live like this through no fault of my own?

You can withold rent if you choose to, it will likely mean no reference and a CCJ.
But to be clear, generally speaking no-one has a right to compensation before a court awards it.
It would be a fraction because you're use of the property is limited, but not excluded. You still have most of the facilities that accommodation comes with. In addition, you only get compensation for negligence (or malice). So is the landlord negligent? No, not really. It's a delay due to outside factors.

Ok thanks for the information it's good to know at least what I am entitled to and not.

[Deleted User]

Who do you think owes you compensation?  Your landlord didn't cause the leaks and has been in talks with the other parties to resolve the issue.  If you had purchased the leasehold with a mortgage you wouldn't be asking the lender for compensation would you?  Someone might owe you something but I don't think it's your landlord.  Do you have any legal cover with your contents insurance you could call for advice?

Serena2013

Lover_of_Lycra said:

Who do you think owes you compensation?  Your landlord didn't cause the leaks and has been in talks with the other parties to resolve the issue.  If you had purchased the leasehold with a mortgage you wouldn't be asking the lender for compensation would you?  Someone might owe you something but I don't think it's your landlord.  Do you have any legal cover with your contents insurance you could call for advice?

Thanks for your comments. No my belongings have not been affected so I don't think I could check with my contents insurance provider. If I sleep in my bedroom with the on-going leak it will make me ill and is causing damp in the bedroom so wanted to know what my rights were which do not sound like a lot in this case.

Comms69

Serena2013 said:

Lover_of_Lycra said:

Who do you think owes you compensation?  Your landlord didn't cause the leaks and has been in talks with the other parties to resolve the issue.  If you had purchased the leasehold with a mortgage you wouldn't be asking the lender for compensation would you?  Someone might owe you something but I don't think it's your landlord.  Do you have any legal cover with your contents insurance you could call for advice?

Thanks for your comments. No my belongings have not been affected so I don't think I could check with my contents insurance provider. If I sleep in my bedroom with the on-going leak it will make me ill and is causing damp in the bedroom so wanted to know what my rights were which do not sound like a lot in this case.

Same rights as anyone else though. 

realistically a leak shouldnt make you 'ill', so that should be a concern. But damp is overcome by good ventilation and a dehumidifier.