Recently purchased flat has prior leak into flat below!
I purchased a first floor flat beginning of August, it was completely redecorated, carpeted and prepared for letting and a tenant moved in 24th August.
A week later the guy renting in the flat below told my tenant that there is a leak in his ceiling from my flat above. Upon inspection the leak has clearly been going on for some considerable time – mature mold growth, etc.
I’ve been approached by the management company to fix the leak, however, I understand that this is my responsibility now to do so but I feel aggrieved that as this leak has been going on some time before I purchased the property and that the guy below knew of the leaks existence this should of been reported by him beforehand and the previous owner should of repaired it.
I had no idea of the leak myself as it is an internal leak somewhere within the walls/floorboards and not obvious from inside my flat.
Any advice gratefully welcome.
Mark Mardle
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Member Since August 2013 - Comments: 201
9:20 PM, 6th September 2014, About 12 years ago
Reply to the comment left by “Mark Mardle” at “06/09/2014 – 15:09“:
Hi Mark
Given the tenant suffering has known about the problem for months and not reported it, it could be argued he has not attempted to mitigate his own losses.
I wonder if this may lead to him being responsible for his and his landlord’s losses.
If you can prove what the management company has told you, it seems you may not be responsible for the damage occuring after the date by which the suffering tenant ought reasonably to have reported it.
I am not a lawyer, but wonder what legal opinion would be or even if it would be worth the bother.
Member Since July 2013 - Comments: 357
11:30 PM, 6th September 2014, About 12 years ago
HI
I have only two flat one I bought at Auction last year when I took over the flat there was a damaged ceiling caused by the flat upstairs. I repaired the flat and let it out. The flat above was up for sale and was vacant.
Since then it has been bought and was let out but the tenant left a few weeks ago and the letting agent I presume did not inspect the property as the tap at the washing machine was not turned of properly and the leak over the weekend brought down the new ceiling I had fixed 6 months earlier.
I approached the cousin of the letting agent who said it was a relative of the letting agent and he would contact him and let him know.
I phoned the office first thing on the Monday morning the lady was quite rude and almost aggressive saying it was my problem and I would have to make an insurance claim and in fairness with in a short time they had someone at the flat to turn the water of at the washing machine. What struck me was they said it was the valve at the washing machine before they went there.
I asked to speak to the ownerf the letting agents on two occasion and was told he would phone me still waiting. There is no block insurance. He is one of the biggest landlords and owns over 130 properties so has good contacts for getting work done.
Does anyone know is the owner of the flat above responsible to pay for the damage caused to my property. I have had a quote and it is for a Three hundred pounds. I would prefer not to go through the insurance. I know they will fix the damage. I was told they would then pursue the owner of the flat for the cost is this true.
I find this frustrating as the flat is owned by his relative. Any time I am asked to contribute to the building fund for repairs I have done this with no hesitation. Out of the 8 flats five are owned by him or his relatives.
Is there away I can claim back these costs with out leaving me out of pocket. And is the owner of the flat above liable. This property is in Scotland.