Shared ownership lease / flat leaking into mine

stressfulmay

Hi all
I have a shared ownership flat. The lease part of the property is via a housing association.  The flat above me is leaking into mine, it's coming from bathroom and is wrecking my bathroom ceiling and has spread into kitchen.  I notified the owner in person twice, then letter with pictures, and thirdly in person, but they have not acted on it.  I have been pleading with the housing association to help and although they have reminded numerous times it is between you as leaseholders, they did send someone out who was let in by upstairs and identified it is leaking pipework in their bathroom.  Still that same day, they caused further damage by running their shower.  The housing association have informed neighbour "firmly" that they must fix it, but still above has not done anything.  I am waiting to find out if HO will take more assertive action against them to get it fixed.  Has anyone else been in this position or can give any advice?.

eddddy

Your argument is with your neighbour - not the housing association.

If you told your neighbour that their leak is damaging your flat, and they did nothing - that probably counts as negligence. So you can claim from the neighbour for any damage caused by their negligence.

Would threatening to claim the cost of repairs from your neighbour make a difference? 

Do you have any idea why the neighbour isn't fixing the problem?  Is it just stubbornness? Or could it be that they are "struggling" in some way? If so, would offering to help them to find a plumber help?

stressfulmay

Hi Eddddy
I have spoken to legal advisor (add on to my contents insurance) and they said it would constitute negligence and nuisance as it is not the first time it's happened, they said could do do a Notice of Action giving 14 days i think it was, but if i do that I am concerned the Housing Association would do nothing further and I have never taken action against someone myself so I am a bit nervous of costs escalating.  The lease says all sorts about not being a nuisance and keeping the flat and everything in it in good working order, so I was hoping they would take the fore in any legal action.  I have told the neighbour i have taken legal advice (put it in a letter). 

I am not sure exactly why the person isn't taking action, I am told second hand they told the HO person they wanted/expected them to fix it.  The last contact (3rd face to face contact i had) they said in not so nice way "leave me alone" and in the first 2 contacts face to face they said it is nothing to do with them, it is the HO's problem.