Constant Leaks From Above
Hello to forum members, I'm hoping that someone here with the experience can help direct us somewhat with our problem, which is:
I have a question regarding a long term series of water leaks that have affected our property.
We own a flat in a local authority block. Directly above us the flat owner also owns their property although most of the block remains in full LA hands. We are therefore both leaseholders and the freeholder is the LA.
This flat above is continually rented out to various tenants, sometimes with the owner living there, sometimes not. It appears that the owner is currently living there.
Over a period of about four years we have had a series of large leaks (from their kitchen, bathroom, loo) into our flat causing staining, peeling wallpaper, mould and more significant damage such as cracked and hanging plaster. I won’t divert off into the wooden flooring they had installed and the noise terrorism we encounter because of it and unfortunately just before a law was passed on the subject..
The owner has been contacted on the occasion of every leak and thereafter chased up and she has continually promised to have the damage repaired (via buildings insurance) and have the problems solved via a plumber. Nothing has ever happened. Towards the end she obviously tired of fobbing us off and made a few highly unsubtle racist comments to my sister who co-owns the flat about “you are living in the wrong area” (the area is largely ethnic minority and we are white).
So, finally earlier this year we realised she was not likely to shoulder responsibility and gave in, claiming on the insurance ourselves. The repairs were effected at a cost of a few thousand pounds although all the work was not fully completed as the insurer / agent suggested we price it under their loss adjuster level or else there might be delays so we had our lowest quote leave a few tasks off the estimate.
We have now just had yet another significant leak whilst away, the new ceiling plaster is cracked all over and the process seems to be about to repeat itself once again.
The local authority has been kept informed throughout and they have sent some letters but that is the extent of their engagement. The person we contacted this time are new and the old contact has moved on and so they say "we'll send out a letter, see if there's any response in the next few weeks and...."
We were literally going to put the flat on the market this week and now obviously can’t do this until repairs have been made once again.
Can someone please advise – do we have any claim against this woman to cause her to act responsibly - i.e. of negligence I would assume - and if so is this a costly, laborious and time consuming process to have to go through?
Many thanks
Ben



Hi Ben,Thanks for your
Hi Ben,
Thanks for your question. Unfortunately this type of problem is not uncommon. There have been many questions on the forum regarding this issue.
Initially you should again try to contact the owner of the flat and ask her to make a claim against the building insurance for the damage caused to your flat. If this does not succeed you could again try making the claim under the buildings insurance. Presumably the buildings insurance is arranged through the Local Authority and paid for out of the service charge that you pay.
Ultimately if you cannot claim under the buildings insurance policy for some reason you may have to consider issuing a small claim against the owner of the flat above. You would have to deduce evidence showing that a leak from her property caused damage to your property. You would also need to get an estimate for the repairs etc.
It can be relatively cheap to issue a small claim against someone through the moneyclaimonline system:
https://www.moneyclaim.gov.uk/web/mcol/welcome
If you use a solicitor then it can become costly. You will have to spend some reading through the court user guide and familiarising yourself with the various court procedures.
Below are some links to other questions that forum users have asked regarding this type of problem:
http://www.thelawforum.co.uk/who-responsible-damage-caused-leak-flat-above-mine
http://www.thelawforum.co.uk/who-responsilbe-source-leak-flat-above
http://www.thelawforum.co.uk/damage-my-property-leak-upstairs-flat
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181
BenGerard is the real expert
Ben
Gerard is the real expert here, however there might be something that you can do, or rather get done about the noise. The Local Authority or housing association is in a unique position to take injunction proceedings and obtain an ASBO or ASBI against any tenants who are causing a nuisance if it affecting any of the local authority tenants. If there are any LA tenants who are similarly disturbed by the noise from the wooden floor you might try to get them on side and get the LA Involved. it is a costly procedure but one they will be well used to. They are more likely to get involved the more LA tenants complain to them.
Richard Paremain
Hi, thank you both for your
Hi, thank you both for your considered and helpful replies, they are much appreciated.