Social Landlord Liable for damage to my property?
I live in a renovated housing association flat and unfortunately the tenant above has installed a "new" bathroom that consistently leaks through my ceiling. The damage caused on the latest leak was significant leaving my bed,carpet,walls,curtains soaked with water and my property uninhabitable. As a result I was moved to hotel accomodation until the fault is fixed.
This issue has been ongoing for seven weeks now and they have been informed on at least 10 occasions that there are multiple leaks.
The tenant has no qualifications and used a reclaimed bath/shower and taps and installed them badly into his flat. The landlord has confirmed that he has not been given permission to do it, or has he notified them.
The housing association has been out to my property and the property above multiple times, but each time he refuses entry to his flat, which ultimately prevents the problem being fixed. I am aware that as he did the work without consent the housing association have advised him that he will be liable to pay for the repairs,hence why he isnt going to let them in.
Despite all this they are saying that they are not liable nor responsible for the damage. Unfortunately as I was aware of the problem above and it hasnt been resolved the insurance company wont pay out for my goods.
Does the Landlord have any responsibility for the items and is there any compensation I can claim for the stress and time ive spent trying to get this problem fixed.
the landlord has threatened a
the landlord has threatened a possession order also, however they believe due to the time he has been in the property (6yrs) that it may take around 6months to get him out.
Can you say if you own the
Can you say if you own the flat on a long lease from the HA or are you tenant yourself?
Hi, I am a shorthold tenant
Hi,
I am a shorthold tenant of the flat.
The HA must as a landlord be
The HA must as a landlord be responsible for the structure of and provision of services to your flat.
By moving you to a hotel and presumably paying for that you would have to assume that they have accepted liability for that.
If the HA was aware of the problems with the tenant upstairs and you say they were informed on numerous occasions about the leaks then they will be liable in negligence for the damage to your belongings.
Loss to you was foreseeable yet they took no action.
You mention an insurance company. Is this your policy because I can see no reason at all why they should not pay out if you are covered for this risk.
If it is the HA's policy you should write to them holding them liable on the grounds set out here. Come back when you get a reply.