Tennent upstairs has flooed my kitchen

barnaby-bear

Yasmin02 wrote: »

Hi Bathgatebuyer

Yes you are correct my thoughts exactly. SHes young and all her freinds come back as they can't go back to there own houses becuase of parents etc. I do understand what it was like to be young but enough is enough! i have written my letter to the council and they have a special unit that deal with this type of behaviour. Although i must admit she has kept out of my way since yesterday after I shouted at her at 5am in the morning when my ktichen was been flooded. My boyfreind told me that I was qjuite harsh with her but I guess there comes a time when enough is enough!

Yasmin

Send upstairs landlord a letter proposing she pays the excess on insurance and for the damage and emphasise the problem behaviour I'm guessing now little-miss-party is going to start becoming expensive that 2 months notice may be in forthcoming....

charley1965

What a shame you've had all this hassle with your first purchase. I can empathise with you, I lived in a conversion, downstairs like yourself for 11 years. I had a flood through the ceiling also, though it wasn't as severe as yours sounds. I had the ceiling replaced and the room completely redecorated under the buildings insurance, so hopefully the same will apply to you. Ours was a leaking pipe, so it was not upstairs fault and I paid the excess.

Personally, I would speak to the upstairs owner about the whole thing. I would tell her you are unhappy with her tenant, surely she will not be happy that she's flooded her floor and will want to go around and look? I would tell her about the noise issues/security and ask her what she's going to do about it? I know it's tenuous as you're buying the freehold with her, but this sort of thing can make your life a misery. Why doesn't she rent out the flat privately, not through the council? It's seems like it's just asking for trouble.

I know how you feel as I had a problem when the upstairs flat to me was let out, same sort of thing, music and people clomping about. I used to be on edge all night waiting for their front door to slam. Luckily she moved out within 3 months and the owner came back to live there. In my experience tenants don't seem to care as much as owner occupiers.

maite_2

Hi,

We also had a leak from our upstairs neighbours last August and we are still dealing with the consequences as our flat and the basement flat are still being repaired. In our case there was some negligence from the owners of the flat above, as minor leaks had ocurred previously and they had not repaired them. The flat is rented and they expect the tenants to do any repair works themselves.
I would contact the buildings insurance straight away, they will send the drying equipment and will provide contractors to do the repair works. As in your case only the kitchen has been damaged, you may not need to be put in temporary accommodation. We contacted the company that owns the flat above and requested they paid the excess for both affected flats, and eventually they did. We also asked the buildings insurance to write to them asking to provide proof that the cause of the leak had been resolved. This takes time though, and we are still trying to ensure the owners above maintain their flat in good condition and repair it when needed. The tenants upstairs can not see anything wrong in doing any repair works themselves, but as they are not qualified to do these works, they cause more problems than solutions.

In your lease there should also be a clause stating noise levels which your neighbours would be obliged to abide to

Maite

subjecttocontract

The tenants upstairs can not see anything wrong in doing any repair works themselves, but as they are not qualified to do these works, they cause more problems than solutions.

Then your claim is with the upstairs landlord. The landlord has a duty of care which he is not exercising by relying on unqualified and inexperienced people to carry out repairs. Claim against the landlord EVERY time you have a problem. Claiming on the insurance is not mandatory and if you do it will push premiums higher for everyone.

Yasmin02

Hi All

Thanks for everyones comments. I have written a five page leeter to the managing agent and have spoken to them today. She is going to see the upstairs tennet tommorow and request that she pays for the damage or atlest pay my exess. I did not relasei that I could claim off the landlady as it stands at the moment she is not returing my phone calls. She is sually qyuite good at responding to me as well as I only spoke to her last week regardignt this. Your right it will push the preimum up more and more won't it!! I am arguing that the tenent was negliglant i have calmed down a lot since Saturday morning but am still not very impressed. I have conrated the freeholder of the property and she has asked what I want to do in relation to the buidlings insurance I said that I would get back to her as I am waiting fort the meeting to take place tommorow morning and then see what happens. The tennet upstairs has rang the agent this morning complaing about the toilet issue but what the agent said to me is that she failed to mention the noise she was causing prior to this incident!! So fingers crossed things will be resolved Good point regarding the lease do you mean the tennets lease I assume you do not mean my lease?

Thanks again for everyones responses

Yasmin

maite_2

I think all the leases on a property are supposed to be the same. If your lease says something about the noise, the other flat owner's lease should have the same clause. As they are the owners, they are supposed to make sure that any tenants they have in the property also comply with the lease. A property solicitor may give you better advice, but I also mentioned to the owners of the flat above that their tenants were being noisy and they sent a letter to their tenants reminding them that they should be more considered.

Subjecttocontract: Thanks for the advice on claiming from the landlord. We are in the process of organising a meeting with one of their representatives, with not much luck, and I will mention to them about the duty of care they have towards their flat and the building. Unfortunately they are a big company and when we ask them to provide details of the repairs done to their flat following the leak in order to make sure this does not happen again, they threaten us with solicitors. I know they are only doing this to frighten us, but it is frustrating that they think they have resolved the issue but paying the excess as a gesture of goodwill. As regular smaller leaks had happened for the past 3 years, we are concerned about future problems.