I really hope someone can help.
I own a ground floor flat (and share a freehold in the building). My upstairs neighbors have a rooftop garden which has no guttering - when the roof garden was built the existing guttering for the house was cut short and a 1 inch pipe taken from what was left to the main sewer pipe (which I have been told is illegal) which runs down the wall past my bathroom.
Because the pipe is too small to take water from the gutter the gutter has been overflowing and as a result has leaked into my bathroom and living room. My living room has original larve and plaster ceilings which has been spewing water onto my newly polished floors. The ceiling was so soaked earlier, and holding so much water, I had to poke a hole in it to drain the water away and prevent the ceiling from coming down entirely.
When I asked my neighbors to have the guttering repaired and for someone to come round urgently to stop the leak they told me to sort it out myself and when I mentioned that I will have to put this through the insurance they became annoyed and told me that it is joint responsibility and not solely there's.
As far as I am aware, because their roof garden is an alteration to the house myself and my other neighbor have no responsibility for its upkeep and repairs - and that we are jointly responsible for any maintenance/repairs for the rest of the roof. The roof was altered to create their roof garden and because it was done badly, and I'm told illegally, my home has suffered massive damage.
Does anyone here have any experience with this sort of thing? Whether I'm right or wrong I would like to be a little more clearer on it when I have to speak to them again.
Many thanks in advance