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leak in ceiling

Hi All,

I've got a bit of a problem with my privately rented (ground floor) flat

Last night noticed a large damp patch on the kitchen ceiling, sent OH upstairs us to see the guy who owns the flat above us, he said he hadnt noticed a leak but would pull his washing machine etc out and have a look. He was leaving for Spain today (lives there, only back once a f/n) but would send his FIL round today if there was a problem.

Popped home for lunch today and the hob, surfaces and floor were sopping so I cleaned it all up, it is coming through the ceiling and above the cooker hood, opened the hood and it is FULL of water.

Phoned the landlord to tell them, googled their phone number and rang, answered by a very angry landlords wife who was annoyed that id phoned the house rather than the office (how was i to know they put the wrong number on the net?!)

Anyway, explained I had done what i can, cleaned it up and tried to get hold of the guy upstairs but he's gone to spain now and no idea when he'll be back. I said i was concerned that 1, there was damage to their ceiling, 2 i couldnt turn the lighs / electric on, 3 couldnt use the hob to cook.

She asked where it was coming from, well I guess something in the void between the flats or upstairs but i didnt know. She told me it didnt matter, once it had stopped (!) they would send a decorator round and claim off guy upstairs's insurance, i COULD turn the lights etc on - it was just an old wives tale, she said her house had leaks all the time and it was no problem.

So I asked what she suggested I do until it stopped and she said it was my problem, there was nothing she could do and basically asked why I was phoning her. I said well it is YOUR ceiling, her reply was well it's YOUR home! Her suggestion was: get a piece of paper and write, and i quote 'in large capital letters' (so he can read it from Spain?!) that he must contact you immediately as there is a leak!

I'm so upset, we've lived here for 2 years, never been a problem, always paid our rent on time and they're not willing to help us and she was just SO rude.

OH has just phoned the NICEIC and the advised absolutely do not turn anything electrical on and to turn off the circuits at the breaks.

I'm at work so can't look at our contract until I get home.

Where do we stand? What should we do?

I'd be very grateful for advice you can offer us :(
«1

Comments

  • Rabiddog_2
    Rabiddog_2 Posts: 418 Forumite
    As NECEIC say water+electricy=death . Old wives sometimes are right. Start telling everyone that you will have to call in an emergency plumber to fix the problem @ £100 per hour.. Call your own insurance company(?), also you may not be able to stay indoors if there is any personal danger, necessitating a stay in a Hotel £++. Your cooker may need to be replaced along with all the light fittings. £+++ These costs are mounting up quickly. Make notes of when you call people , who you call and what their response is..Saves them denying things later on. And photograph everything.. it all helps...the thought of paying out all that money helps to "energise" people.
    tribuo veneratio ut alius quod they mos veneratio vos
  • charmed-imsure
    charmed-imsure Posts: 290 Forumite
    OMG! I'm astonished. If you're paying them rent then they're responsible for a leaky ceiling. They have a duty to provide you with safe living accomodation. Got it in mine from the bath, it was coming away from the wall & water got behind it and started coming down into the dining room & kitchen. LL sent his contractor in straight away to fix the problem.

    I'd say great advice from Rabiddog because I'd be doing all that!
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bummer, bank holiday weekend too!

    Anything I am about to say is not grounded in fact, and I can providing no links to substantiate your rights. However, your landlord is clearly a kn0b and your flat is most likely deemed uninhabitable by virtue of its potentially unsafe electrical fittings. It IS the duty in law for the landlord to ensure all electrical fittings etc are safe so your call to NICEIC, while verbal, probably counts as evidence.

    So. Call the git again (any number to get hold of them, I don't care if it's on their mobile at the bedside of their dying mother, they should have been more professional with their contact numbers and provided you with one in emergencies).

    Declare the flat as unsafe and you've no cooking facilities and unsafe electrical installations.... so they must cough up for you to be rehoused immediately. If it's so OK, suggest a direct swap for 2 weeks with landlord's house :)

    Point out to them that the cost of your hotel accommodation will be covered under their Landlord's insurance, so did they want to find you somewhere to stay now, or should you find a hotel then phone through the details to them in a bit so they can pay with their card. Either way, you're not paying it. It's part of their legal obligations to provide you with a roof over your head as you've paid your rent (2 years now too) and always kept your end of the bargain. AND you've gone out of your way today to ensure the integrity of their building/structure is maintained by taking a proactive role in dealing with this yourself in the first instance. Ball ... their court.

    Good luck!
  • 3dsmills
    3dsmills Posts: 200 Forumite
    Part of the Furniture Combo Breaker
    Hi all, thanks for your replies.

    The NICEIC told us that not only could we electrocute ourselves if we turn anything on but it could also cause and arc which could result in a fire :eek:

    We do not have insurance on the building as the landlord covers this (presumable including all the built in appliances), just contents insurance. I have moved our things (kettle, toaster, microwave etc) out of the kitchen so they hopefully do not become damaged.

    It seems the guy upstairs hasn't left any contact details with the management company for the whole block so no one has a contact number for him. LL said that we cannot break into the property as it is not an emergency and therefore we will just have to suffer the leak until he returns. (OH tells me guy upstairs told him he'd ba back on Monday)

    Landlord just phoned me again and kept going on about how he would claim off of the guy upstairs's insurance. I said that wasnt really helping me since i have a kitchen i cant use and no power and he just couldnt answer me or offer any solution. So I think i'm going to have to think about asking for some alternative accomodation as per your suggestions.

    He was really funny actually, he kept saying, well the thing is, id have to come round if we're going to claim so i can see the damage. I said thats absolutely fine, just give me a call and i'll meet you at the property, he seemed a bit taken aback when i said that. odd.

    It's more annoying as I'm supposed to be having a friend come to stay on Sunday night that I haven't seen in months so may have to cancel that now too.
  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
    Part of the Furniture Combo Breaker
    I agree with PasturesNew. Ring them and ask what they intend to do TODAY about THEIR problem.

    Problem is that if they do nothing, you may be able to have the work done at your own expense and claim it back - in Court if necessary - but you may have to fight. Another option is to move out at the earliest convenience. :(

    Make sure you make notes of any conversations, copies of any letters and photographs of any damage. You may need these as evidence.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • sooz
    sooz Posts: 4,560 Forumite
    Is it still leaking, or has the water stopped?

    If it is still leaking, call the building management again & get them to locate the stop c ock. This might mean turning the water off for the whole building, or they could break in to the offending flat. Remind them that it could be damaging the structure of the building & it is their duty to mitigate insured losses.

    Then ask your LL where they are going to put you this evening & until it is fixed. They will claim it off THEIR insurance later, & their insurance co will inturn try to claim it off the upstairs flat. But none of this is your problem.
  • 3dsmills wrote: »
    Hi All,

    I've got a bit of a problem with my privately rented (ground floor) flat

    Last night noticed a large damp patch on the kitchen ceiling, sent OH upstairs us to see the guy who owns the flat above us, he said he hadnt noticed a leak but would pull his washing machine etc out and have a look. He was leaving for Spain today (lives there, only back once a f/n) but would send his FIL round today if there was a problem.

    Popped home for lunch today and the hob, surfaces and floor were sopping so I cleaned it all up, it is coming through the ceiling and above the cooker hood, opened the hood and it is FULL of water.

    Phoned the landlord to tell them, googled their phone number and rang, answered by a very angry landlords wife who was annoyed that id phoned the house rather than the office (how was i to know they put the wrong number on the net?!)

    Anyway, explained I had done what i can, cleaned it up and tried to get hold of the guy upstairs but he's gone to spain now and no idea when he'll be back. I said i was concerned that 1, there was damage to their ceiling, 2 i couldnt turn the lighs / electric on, 3 couldnt use the hob to cook.

    She asked where it was coming from, well I guess something in the void between the flats or upstairs but i didnt know. She told me it didnt matter, once it had stopped (!) they would send a decorator round and claim off guy upstairs's insurance, i COULD turn the lights etc on - it was just an old wives tale, she said her house had leaks all the time and it was no problem.

    So I asked what she suggested I do until it stopped and she said it was my problem, there was nothing she could do and basically asked why I was phoning her. I said well it is YOUR ceiling, her reply was well it's YOUR home! Her suggestion was: get a piece of paper and write, and i quote 'in large capital letters' (so he can read it from Spain?!) that he must contact you immediately as there is a leak!

    I'm so upset, we've lived here for 2 years, never been a problem, always paid our rent on time and they're not willing to help us and she was just SO rude.

    OH has just phoned the NICEIC and the advised absolutely do not turn anything electrical on and to turn off the circuits at the breaks.

    I'm at work so can't look at our contract until I get home.

    Where do we stand? What should we do?

    I'd be very grateful for advice you can offer us :(

    This is NOT your problem. This is the landlord's responsibility. Does your landlord manage the apartment above? Any damage should be charged to whoever does manage the above apartment.
  • Gorgeous_George
    Gorgeous_George Posts: 7,964 Forumite
    Part of the Furniture Combo Breaker
    This is NOT your problem. This is the landlord's responsibility. Does your landlord manage the apartment above? Any damage should be charged to whoever does manage the above apartment.

    ... assuming the leak is from the apartment above.

    But it is your LL's job to find out.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • nelly_2
    nelly_2 Posts: 17,863 Forumite
    10,000 Posts Combo Breaker
    stop paying the rent.......you'll soon get some action out of them then :)
  • Auzelia
    Auzelia Posts: 806 Forumite
    i had a similar problem with a coucil flat.
    I was top floor so it was my living room that flooded, water came gushing through the light fitting.

    Had to get emergency electrician out to remove the light fitting and stop the electrics to my living room light, and then they came and put plastic sheets in the loft to stop it happening again!!!!!!

    After about 4 weeks I read my contract (i know i should have done it sooner) and it said that my flat had to be water and wind tight (which it wasnt )
    and if not then I could with hold my rent.

    So we went down to the council with a letter. Pointed out the clause handed them the letter and adviced that until the roof was fixed we would not be paying rent and it would be withheld until the repair was fixed and if it was not done ina timely manner I would get someone to do it and issue the invoice to themselfs.

    5 days later scaffolding was up the roof was fixed and the council received their rent.

    So what my long post lol! is trying to say is check your contract and depending what it says get someone out and Send your LL the invoice.
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