Unapologetic landlord floods our flat

by Readers Question

11:00 AM, 11th October 2018
About 6 days ago

Unapologetic landlord floods our flat

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Unapologetic landlord floods our flat

I have a rental flat, the rented flat above has had a leak from their bathroom into the ceiling of our flat for at least two years.

Due to the construction of the ceiling the true extent of the issue has not been obvious until now, there was two layers of rockwool soaking up the water as did tow layers of plasterboard. The landlord of the flat has told us on numerous occasions it was nothing to do with his flat it must be a pipe from our water supply, however all our pipes come from underneath.

We have finally discovered that his bath was not sealed to the tiles and the water from the shower has been pouring down the wall, as I say for years!

Maybe I was naive in thinking his water, no fault of ours, he pays, it would appear I am wrong, what do others think?

Angela



Comments

Neil Patterson

11:07 AM, 11th October 2018
About 6 days ago

Hi Angela,

First of all contact the Freeholder and get the details of the Insurer for the building Block policy to see if they will cover the repairs and costs..

Alternatively you may need to contact your own insurers as they may try to claim off the insurance for the owner above.

Robert Mellors

13:32 PM, 11th October 2018
About 6 days ago

I've had a similar situation in relation to me being the owner of the flat above, and the flat below complaining about a leak. However, upon investigation the leaks were actually coming from the pipework BELOW the floor of the upper flat, it was pipework belonging to the Freeholder of the block, as the copper pipes had been set directly into the concrete during construction of the flats, when they should have been "wrapped" so that the concrete did not corrode the copper. The pipes are now paper thin, and developing pinhole leaks, due to the faulty construction.

As the owner of the upper flat, there is nothing that I can do to rectify the problem, as I cannot start digging into the concrete floors of the freeholders building, so only the freeholder of the block can remedy the construction fault with the block. I understand that this is happening to other parts of the block, and other blocks in the development.

I don't know if this is the same scenario as you are experiencing, but it is something to be aware of.

angela

14:39 PM, 12th October 2018
About 5 days ago

Reply to the comment left by Robert Mellors at 11/10/2018 - 13:32
Thanks but no its not, it is definitely his batth not being properly sealed and shower water pouring through the gap. The flats are freehold, an anomaly in this area, I just cant get my head round why it isnt the other flat owner who is responsible for any of it, I am having to spend my time and energy chasing pasterers etc, seems very unfair to me and not even an apology off the guy who could have stopped this at least 18 months ago

Seething Landlord

15:27 PM, 12th October 2018
About 5 days ago

First thing, contact your insurers. If they accept the claim they will pursue a recovery from the other owner if they consider him liable. If the damage is not covered by your insurance it is up to you to claim your losses from him, but you will have to prove the amount of your claim and that he is liable. He has no obligation to step in and sort out the damage to your property.

David Nic

10:51 AM, 13th October 2018
About 4 days ago

I would have thought damage to the buildings ie ceiling flooring is coveted by the buildings insurance by the freeholder. The damage to belongings will be tenants contents insurance.
Whether the problem was caused accidentally by upstairs flat still makes it a buildings insurance claim.
Whether negligence or not it was never intentional.

Seething Landlord

13:31 PM, 13th October 2018
About 4 days ago

Reply to the comment left by David Nic at 13/10/2018 - 10:51
Yes, but Angela has already told us that they are freehold flats so it depends on what insurance is in place and the wording of the water damage cover and exclusions.


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