Flat flooded ... who pays ?

[benpincus]

hiya, hope someone can give me some much needed advice.


The flat above mine has been leaking water through my bathroom ceiling for 5 or 6 months. This has been a bit of an inconvenience to my tenants. The estate company of the block of flats are aware of it and have tried to request an inspection of the flat above from the letting agent but didn't get anywhere. Around 2 months ago I had conversations with the letting agent myself and they did send someone round my flat to take a look at the leak but they seemed to suggest that the leak was coming form a pipe in my flat ! Clearly it wasn't and all they had to do was inspect the flat they manage and they would have found out what was going on. But no... they just passed the buck, never had teh place inspected, never really looked into this leak. Meanwhile the drops continue into my bathroom right into 2009.

Anyway, 2 days ago, a pipe attached to the toilet in the above flat gave up the ghost and the flat above and my flat were flooded. We have been busy removing an inch of water throughout, cutting up carpets and removing them and then leaving the flat with fans on etc.. to get the air circulating. My tenant is currently staying at his mums house with his wife and kids.

So basically he is spending rent yet not living there
I will have to eventually pay for a full set of new carpets plus installation fee
I have spent a lot of my own time clearing up and disposing of damaged carpets and mattresees
the tennant has some clothes and other property that is damaged

to cap it all it seems the original leak is still there so maybe the pipe that burst, although in the same vicinity, was actually not the exact same location of the original leak

the letting company won't know whats hit them when I get on the phone to them tomorrow but I wanted to try and gather as much info on my situation as possible

I gather from a friend who works at the CAB that we can claim for these costs from the landlord of the flat above (or more specifically, from his insurance). And that if he doesn't repsond to a letter withink 7 days then we can go straight to small claims with it.

any help would be really appreciated

[Preston]

Hi

If I have understood the situation correctly, I think the first task is to establish where the leak arose and whether it is the responsibility of the leaeholder of the flat above or whehter it falls within the freeholder's repairing obligations.

Sorry if you have already established, this, but how much detail do you have so far?

Preston

[benpincus]

hiya and thanks for the reply

I will find out tomorrow but so far we know:


1. the toilet upstairs has been leaky and problematic for many months now
2. despite repeated verbal and writtem requests from myself and the management of the estate, the landlord has not rectified the leak or even inspected the toilet. The lanlord and letting agent were told repeatedly that unless it was attended to, at some stage there would be damage to my flat.
3. 2 days ago the plumbing upstairs there worsened to such an extent that my flat was flooded and considerable costs have now been incurred

I will find out what role the overal buildings insurance plays in all this (inclusive in the standing yearly charge). It may be that we claim from that and they then claim from the landlord who (in my opinion) has shown negligence. After all, all he had to do was send a plumber round just once in the last 6 months and all of this could have probably been avoided.