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Water dripping through my ceiling - whose responsible?

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I own a flat which is tenanted. My tenant contacted me four days ago to say there was water dripping through the lounge ceiling. He had contacted the management agents three times during that day and they only contacted maintenance people at the end of the day.

 

I contacted the landlord of the flat saying that would really appreciate his intervention especially as the obvious remedy was to turn off the water at source! Basically the apathy of the landlord, incompetence of managing agents, unavailability of maintenance has led to this problem continuing depsite daily phone calls, emails to try and get this sorted. the problem getting progressively worse.

 

Finally tis morning a plumber turned up at my flat looked at the ceiling and said - "Looks like the bath!” and there were we thinking it must be the TV!

 

Anyway - currently there is water staining on the ceiling and te potential for theceiling to collapse - does anyone have opinion on who is culpable for repair/decoration?

 

I shoudl say that last year another leak led to another portion of our ceiling collapsing leaving me with (uninsurable) relocation costs for my then tenants who I could not see stay there while repairs took place and insurance excess etc etc. all in all that cost me a fortune

 

I dont see why I should have to take all the pain/workload for something that is wholly originated by the flat upstairs. the landlord upstairs obviously couldnt care less. The flat upstiars is currently untenanted btw.

 

Thanks in advance

 

GIB

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Normally, the neighbour upstairs is not responsible unless you can prove negligence. If they had a washing machine that failed once for instance, they would not be negligent. If however, they knew that the washing machine was faulty and they continued to use it time after time, causing flooding to occur, they would be negligent.

 

You will have to claim off whatever Insurance you have for the ceiling and let the Insurers deal with trying to reclaim off the neighbour, if they think it is worth it.

 

If you are not covered by Insurance, then think about sending the neighbour a letter, saying that you are looking to make a legal claim against them, for water damage caused to your flat. Ask them to advise how they have managed to let water leak into your flat and to provide details of their Contents Insurance policy provider, as you that may provide occupiers liability cover. Recommend to them, that they should contact their Insurers claims department about the letter, as the Insurers may wish to respond directly.

 

That is the way I would deal with it and see where it goes.

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Sound advice from UB.

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