Purchasing a flat with current leak above

***Nicola***_2

Hi all, 
I'm rather concerned about a leak coming from the flat above one that I'm purchasing. 
I had my offer accepted in June and I had a structural survey carried out (flat has been vacant since Feb) . My surveyor noticed peeling on the bathroom ceiling but put it down to condensation. 
When I visited the flat in early November I noticed a leak coming from above - the bathroom ceiling is saturated (about 3ft x 3ft) and the bedroom wall which adjoins is also soaked at the top (about 2 ft x 2ft). When I look back on my original video of the flat it's evident there was a small wet stain (a few inches) on the bedroom ceiling so I'm stumped that the surveyor missed it.
I reported the leak in November and 6 long weeks later a plumber was sent out to investigate. He reported that the seals have corroded on the bath above and there are also tiles missing. This has caused water to leak with no repair for at least 6 months. I have been informed verbally that the repairs will be carried out via an insurance claim.
My concerns are:
1. Are the joists likely to be rotten? I fear the insurance company will do the minimum needed to repair it to avoid high costs.
2. How long will it take to dry the area out?
3. Could electrics be affected?
4. How likely is it I will get leaks in future if upstairs is not kept in good order? 
5. Should I steer clear? 

scottiescott

Personally I would be concerned that the occupier(s) above have little interest in maintaining the property whether they be tenants or owner-occupiers. Sealing failing around bath or shower is a common issue but can be avoided by basic maintenance.
Personally I would avoid, particularly as I have been there in the past.

Spinybif

Biggest concern is that if owners above claim they did not know of leak they or their insurance are not liable for damage to your flat.  You cannot claim off your insurance as it is pre-existing.  Effectively you will be paying to sort out the damage unless the seller agrees to do so before completion.

***Nicola***_2

Thank you both for your thoughts. The flat above is tenanted and it seems the landlord does zero maintenance to it.
The owner of the flat I'm buying says that the insurance company that covers the whole block has approved the claim (but I don't have this in writing). As the purchase has already taken 7 months they're keen to complete ASAP!

AskAsk

these sort of leaks can be a nightmare to solve.  i wouldn't buy the flat until the plumber had been round to the flat above and reported on the problem and it is fixed.  the seller needs to sort it out before selling it.

***Nicola***_2

Thanks @AskAsk, why can they be a nightmare to solve? 

AskAsk

***Nicola***_2 said:

Thanks @AskAsk, why can they be a nightmare to solve? 

you can repair the damage in your flat but before you do so, you need to make sure the leak has stopped from the flat above as otherwise any repairs will be useless and soon you will have to repair it again.

the insurer will not continue to pay for repairs if the leak has not been fixed.

to find out the source of a leak is not always easy and it needs a competent plumber as it involves investigative work.  it is not always obvious where the water is coming from and fixing a leak can be very expensive.  access to the flat above may also prove to be difficult if it is tenanted and the tenants won't allow access and the landlord can't come over to meet the plumber.

it is the responsibility of the seller to solve the problem before it is sold to you, this means agreeing access to the flat above, and even paying for the work himself if he wants to sell the flat and the landlord of the flat above isn't interested in paying for the work to be done.  you shouldn't have to deal with the problems.

***Nicola***_2

Thank you @AskAsk. A plumber has confirmed that the cause is some missing wall tiles around the bath above and worn sealant. I think you're right that I need to wait to check it's going to be properly repaired

DiddyDavies

***Nicola***_2 said:

Thank you @AskAsk. A plumber has confirmed that the cause is some missing wall tiles around the bath above and worn sealant. I think you're right that I need to wait to check it's going to be properly repaired

Is there a shower fitted in the flat above or it solely the bath?
If there isn't a shower that is spraying onto the damaged area, I find it very hard to believe that the damage shown could be caused by missing tiles and worn sealant as using a bath normally shouldn't result in water getting down the side of it to such a degree as to cause that amount of damage.

***Nicola***_2

@DiddyDavies yes, there is a shower over the bath - sorry I should have said! 

AskAsk

***Nicola***_2 said:

Thank you @AskAsk. A plumber has confirmed that the cause is some missing wall tiles around the bath above and worn sealant. I think you're right that I need to wait to check it's going to be properly repaired

the insurer will pay for the repair of the damage to your flat, but they won't pay for fixing the leak in the flat upstairs.  the landlord of that flat will need to do so.  if he doesn't want to pay for the repairs then the seller will need to sue him and things can get ugly and take time to resolve.

the other problem you have is i assume the plumber was not instructed by you?  if not, then you can't be sure that he has identified all the causes of the leak, but it does sound like the cause, if the bath is directly above that area.