Leak from flat above but we share the freehold?

by Readers Question

10:44 AM, 3rd August 2015
About 3 years ago

Leak from flat above but we share the freehold?

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Leak from flat above but we share the freehold?

There is a leak from the flat above me that has caused significant damage to a bedroom in my flat.leak

The owner of the flat above (who owns the leasehold, and also a share of the freehold (as do I)) is refusing to accept responsibility and to trace the leak in her bathroom (the leak is directly below this). I have now been asking her for to do this for 3 weeks, and the problem (more of a slow leak) is not stopping, and the damage is getting worse.

I am unclear on how to progress further with this? As I share the freehold, do I have a right to demand that this is done? She doesn’t live in the flat, and has tenants, so there is no way to speak to her face to face and all of our contact is via email.

I have contacted the insurance company, who have said they will fix the damage and that is all covered, however none of this can be done until the leak is found. And they cannot get involved with this side of it. And it is up to the owner of the flat above.

I would really appreciate some help on my next steps.

Thanks

Leah



Comments

Neil Patterson

10:47 AM, 3rd August 2015
About 3 years ago

Hi Leah,

This is only going to cause the owner above problems as well, such as insurance and repair costs if the damage is allowed to go unchecked. I would try to point out that a solution is mutually beneficial and try to get here on side.

However you should also check the Leasehold Advisory Service for assistance >> http://www.lease-advice.org/aboutus/

Rob

15:18 PM, 3rd August 2015
About 3 years ago

Is there not a "trace and find" section in the insurance? Normally they will pay to trace and find the leak.

Lorraine W

19:57 PM, 3rd August 2015
About 3 years ago

If the neighbour refuses to help, you can contact environmental health, they have far reaching powers and will force the neighbour to sort it out!

S.E. Landlord

15:45 PM, 4th August 2015
About 3 years ago

Check your lease it probably refers to a right of access for repairs. Also the freehold company have a responsibility if the water is coming from a shared facility.

If the above property is let also contact the letting agent as they would normally deal with this sort of thing.

The leak could be causing damage to the flat above's floor and therefore in their interest to resolve.

Puzzler

19:15 PM, 10th July 2017
About A year ago

Just put them in touch with the tenants?


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