Water Damage from Other Property - Leasehold

PhoenixFlames

Hello.

The property upstairs is managed by a Letting Agency on behalf of the owner. Several months ago this agency arranged for plumbers to replace a water heater and water came down into my property because they didn't drain it. I lost electricity for several days whilst it dried out and then they replaced the mains fed alarm.

However, a crack has appeared at the top of the wall/ceiling which needs repair. The managing agents of this Leasehold have attempted to speak with the Letting Agents several times and they have made it clear they do not intend to fix it, nor do they especially care about it.

I'm now somewhat confused by what should happen next. Originally the Management Agents told me they would handle things as they were responsible for the building. Now I'm being told it is considered internal so it's my responsibility. Do I pursue the Letting Agents as the plumbers were contracted by them? Do I directly address the plumbers? I only have contents insurance so that isn't going to fix structural damage.

I'm reluctant to deal with the plumbers. Their owner was very unpleasant and actually yelled at me, in my own home. I suddenly became very aware I was a small woman alone with a very angry 6ft bloke who was waving his arms around and claiming I was making a big fuss for attention. The Letting Agents dismissed my concerns saying they'd never had an issue before - however the other people I dealt with told me this sounded exactly like his usual behaviour.

Guidance on what I can do in relation to the crack would be welcome. It appears cosmetic, just rather aggrieved I'm expected to get on with it and the associated costs. I accept there may be a difference between what should happen and what will, based on practicality, costs etc.

RelievedSheff

If it is just a cosmetic crack in the plaster then fix it yourself.

A bit of filler, some sanding down and a lick of paint.

PhoenixFlames

Well - its 8 ft long in total (either side of where the water came through, damaged the coving) and I've not got the skills or mobility to do it myself. When I say "cosmetic" I mean I don't think anything is going to collapse.

RelievedSheff

Have you got a picture of it?

Its likely just shrinkage cracking in the plaster as it dries out.

PhoenixFlames

I agree that seems the most likely cause. I'll have to pay for someone to come and perform some kind of plaster-based kungfu etc to make it all match up. However, I wanted to understand if there is an obvious route to understanding what can be done to offset the costs to me:

AKA -

is the Letting Agent responsible for the actions of their subcontractor

is the subcontractor responsible via their own liability insurance

Is there an easy route to doing either of these? ie, do LA's have professional bodies that require them to not cover their eyes and ears and refuse to engage. Is there anything in law that means they are responsible for the actions of their subcontractors. Etc.

RelievedSheff

Shrinkage cracking can occur at any time.

It isn't usually an item you would make any claim for. Its a job to sort out yourself.

You would be very unlikely to get someone to pay the costs for you. It is just part and parcel of home ownership and home maintenance.

mta999

The person responsible is the owner of the flat above (landlord)

Get the crack fixed yourself and then send the bill to the owner

The tenant has no responsibility nor does the letting agent.

Since they were private pipes and not communal pipes the managing agent has no responsibility

If the owner does not pay use the small claims procedure

TroubledTarts

You shouldn't have to just deal with this and pay out of your own pocket no matter what someone says on here.

Take some pictures to prove it is in the same area as the previous problem and linked, find the landlords details from HM Land Registry and either write to them first advising of the issue and that if you don't hear from them in 14 days you will have this repaired by a professional and bill them directly or just go ahead (you have tried with the letting agents) get it repaired and send the bill.

You may have to do a money claim online if they refuse and you might get lucky, worth the small fee.

sheenas

I have had a similar experience and it's not the responsibility of the owner above, unless you can prove negligence.

Sadly you need to deal with the issue. If the gap is between 3mm and 12mm you can use Scrim tape (fiberglass mesh tape) and a powder based joint compound. Surprisingly easy to use and very effective.

subjecttocontract

https://forums.moneysavingexpert.com/discussion/comment/82018820#Comment_82018820

Absolutely correct it's not the owner above responsibility unless negligence can be proven i.e they are not responsible for gravity. However the OP has said she can't do the work so will have to employ someone, therefore giving repair instructions seems pointless.

eddddy

PhoenixFlames said

is the Letting Agent responsible for the actions of their subcontractor

is the subcontractor responsible via their own liability insurance

As stage 1, these are the angles you could investigate:

• 1) Some leases (but not many) say that a leaseholder is always responsible for any water damage resulting from leaks from their flat/pipes. If your lease says that, then the leaseholder (landlord) upstairs should cover the cost of repairs

• 2) Otherwise, if the leak/damage was caused by somebody's negligence - then the negligent person should cover the cost of the repairs.

• 3) Otherwise, if nobody was negligent, you will have to cover the cost of repairs yourself

PhoenixFlames said

Several months ago this agency arranged for plumbers to replace a water heater and water came down into my property because they didn't drain it.

If you want to persue option 2 - i.e. somebody was negligent - you next have to decide who you are accusing of negligence. For example…

• Did the plumber decide to replace the water heater without draining it? If so the plumber might have been negligent

• Or did the agency tell the plumber to replace the water heater without draining it? If so, the agency might have been negligent. (But maybe a competent plumber should have said "no", and maybe the plumber was negligent for not saying "no")

• Or did the landlord tell the plumber to replace the water heater without draining it? If so, the landlord might have been negligent. (But again maybe a competent plumber should have said "no", and maybe the plumber was negligent for not saying "no")