Downstairs neighbour – alleging a leak?

Downstairs neighbour – alleging a leak?

9:20 AM, 23rd October 2023, About 6 months ago 6

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Hi, I rent out my flat a downstairs neighbour says there’s a leak from my en suite into his en suite. My en suite was installed by a major chain 1 year ago so it’s under warranty. They sent someone round and said there’s no evidence of a leak and it was just mould from lack of ventilation etc in the downstairs tenants flat.

The downstairs landlord sent me pics – the mould is bad but way more than you’d expect from a recent leak so I guess their tenant isn’t looking after the place properly. I asked him for an insurance report as per major chains request – but he refused. I suggested sending in a contractor at my cost to look at pipe etc. through his ceiling. He refused saying there are beams etc so there’d be no point.

I’ve put in a claim with my landlords insurance. I asked for downstairs landlords insurance Co. – no reply so I suspect he has none. There’s building insurance through management Co (England) and I even paid for excess protection.

My en suite has a thick concrete floor so I need evidence of a leak. If I rip up my floor I will invalidate my [major chain] warranty as they refuse without 3rd party insurance report. I suspect he has no insurance. At this point, I have no evidence my en suite is leaking.

Last comms with downstairs landlord is that he threatened to take me to court. Any thoughts are appreciated!

Doug


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Comments

Allan Thornton

12:06 PM, 23rd October 2023, About 6 months ago

If you are indeed going to court make sure you write the history down now, if you have not already done so. Keep extensive notes and pictures as things develop.
It does not seem likely he is going to court if he is not prepared to cooperate with you, but people get stupid these days.
I would be aiming at court performance now. You appear to have satisfied yourself that there is no water ingress and you have asked him to cooperate with you. No cooperation usually means no case - he simply wants you to act at his bidding.....
Question is what happens at court if investigations are ordered? Check with your contractor and both your insurers as you raised it with them during the guarantee period. I am sure the court will accept the written report from the contractors inspectors - but just in case....

Blodwyn

12:43 PM, 23rd October 2023, About 6 months ago

1. Get an experienced and tested solicitor on board - if you don't know any in your area, ask Ppty118 for a recommendation?
2. Evidence is key. Photos, all paperwork etc. Sols will advise.
3. make on record offer to mediate and settle - through sols.
4. Keep calm.

Simon F

13:05 PM, 23rd October 2023, About 6 months ago

It will be brown stain if water is coming through plasterboard from above; black indicates mould from condensation.

Kizzie

16:12 PM, 23rd October 2023, About 6 months ago

Has he put his threat to take you to court in writing and if so what are the grounds/reasons on which he is relying on he’s put in the Notice.
Take each point and refute providing the evidence in form of reports.
Date and time of conversation or other contacts with him.
It might be useful to engage a plumber for a written report which might include refusal by OP to allow access.
You will tell the court if it comes to it that you behaved reasonably.
Also keep track of your costs including court costs to make a counter claim.
Keep these documents with your title deeds because in a few years he might try again and you can demonstrate unreasonable pattern of behaviour

Fed Up Landlord

6:10 AM, 24th October 2023, About 6 months ago

Get a damp and condensation specialist in to check with instruments:

1. Relative Humidity with a meter including " dew point" ( the point at which water vapour condenses into water, settles, and turns into mould)

2. Use infra red temperature gun to check affected surfaces for dew point temperature.

3. Use a damp meter with calibration for various surfaces which will identify if the mould is being caused by condensation or a leak.

All these instruments are widely available on shopping sites and may cost around £150. Or you could get Envirovent in to do a survey on the downstairs flat- usually free- and then they make recommendations costing thousands to put it right.But you would know then if it's a leak or condensation.

Steve Hards

12:59 PM, 28th October 2023, About 6 months ago

The first thing I'd do to test for leaks if areas of pipework are accessible in the ensuite is put kitchen paper where any water pipes go through the floor to downstairs and I'd put newspaper under the waste pipes and shower tray. Use the shower or bath and any leaks will show up straight away. If kitchen paper around the base of the water pipes becomes damp, particularly a cold pipe one, it may be due to condensation rather than a leak. Condensation on a short length of pipe is unlikely to be causing a serious problem in the flat underneath but seal around the hole with silicone and insulate the pipe as a preventive measure.

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