15:10 PM, 9th November 2012, About 10 years ago 12
I’ve received the email below from a landlord called John Caversham who has a problem with constant water leaks from the flat above his. What would you do if you were John?
“I have a problem and would be grateful if you could share your thoughts and put it out to the masses.
I have a ground floor flat in an old converted house with two flats above me. Have owned this property for 13 years and I have lost count of the amount of water leaks I’ve had from the flat directly above into my property. As I am a builder I have previously replaced ceilings at my own cost as the landlord above is so difficult and arrogant, (one of those shoddy landlords who spends the absolute minimum).
There have been four water leaks from above this year alone.!
Had a call two weeks ago from my tenant to say water was pouring through the kitchen ceiling light fitting. The landlord above said his new tenants had plumbed their washing machine in and it must be that, and that he’d fix it. The problem seemed to go away, but today I received a call again from my tenant to say that water is again pouring through the ceiling, which has also gone black with fungus growing on it, it smells of damp etc…..
I really want to take some sort of legal action now as enough is enough.
One of the issues is that the landlord who I deal with ‘professes’ to own the property isn’t actually the mortgagee. The mortgage is in a different name who’s address I don’t have so I don’t really know who to tackle legally. The landlord was convicted a few years ago of mortgage fraud so I suspect this could be one those dodgy mortgages.
So really I have two questions.
1. Is the mortgagee responsible or is it the responsibility of the person who ‘professes’ to be the landlord’ (A bit like car ownership-the name on the logbook isn’t necessarily the owner)?
2. What legal action if any can I take? I’m sure he will get round to fixing my ceiling just as he previously had done. However, his builders are usually dodgy cash in hand types who do a pretty poor job so I would like to fix it myself and claim all costs back, plus claim for stress and aggravation. The insurance excess is now so high its not worth claiming.
Any thoughts and pointers gratefully received.
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