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View Full Version : Flat's kitchen ceiling leaks- who's responsible?



Seany10
21-01-2009, 10:08 AM
Our kitchen ceiling has been leaking since the end of October (above the boiler).

The block agents are useless, their builder is useless and nothing seems to be getting fixed. Our Landlord has had the ceiling repaired, (where it caved in) but now the weather has got more wet, it is constantly leaking etc. The MDF has swollen up and is literally soaked with water and mould - leaving the storage area unusable. It is also slowly spreading across the ceiling itself, which in turn again is worrying as there are spotlights fitted into it.

My partners eldest daughter has asthma and I'm sure the mould will aggitate it.

Our Landlord has given us compensation and a rent reduction for the aggro we've had (the bathroom was covered in mould but a new vent fitted and repainted).

First the block agents builder said it was a blockage on the roof, then it needed refelting (which apparently he did, but no one saw him!), then the gutters needed fixing and now apparently the whole roof needs doing?!?!?!?! He is so incompetent I don't believe a word he says. He failed to turn up on 3 occassions, with one excuse being "his wheel fell off on the motorway".

For starters, the managing agents are in Middlesex, the builder in Watford and we are based in SE London?

What are our rights regarding this as surely something should be done about it?

I've attached one picture to show you, but this is nothing compared to the rest.

Thanks for your help

jeffrey
21-01-2009, 10:10 AM
1. Are you a long-leaseholder or an AST tenant?
2. Is this a flat?
3. Are the 'block agents' a mangaement company acting for the freeholder?

Seany10
21-01-2009, 10:16 AM
1 - AST Tenant - years contract from last Sept
2 - 2nd floor flat, there is one flat above us whose is also wet
3 - I presume that they are acting as managing agents for the freeholder

jeffrey
21-01-2009, 10:38 AM
1 - AST Tenant - years contract from last Sept
2 - 2nd floor flat, there is one flat above us whose is also wet
3 - I presume that they are acting as managing agents for the freeholder
OK. So you are a tenant of L who is himself a leaseholder from F.
Between you and L, L is liable.
Between L and F, F is liable IF the lease (F to L) says so; otherwise, L is liable.
Ignore F and F's manging agent. Press L.

Seany10
21-01-2009, 10:47 AM
So its just a case of waiting till the end of Feb as we've agreed to review the situation till then.

Its just at time we spoke last, it was only leaking when it rained, it wasn't constant like it is now.

Do you have any advice as to what the best way is to press the LL, given we've accepted compensation etc? Obviously, I'd rather be paying the full rent and have a dry flat.

Thanks for your help, it's much appreciated.

jeffrey
21-01-2009, 11:15 AM
Really, and I know that you don't want to hear this, the only way to press L is by bringing proceedings against him. He is liable to you; F is liable to him; and (as L is not personally to blame) L can join F as a co-defendant. That way, you can indirectly get at F and make him fix it.