Agents refuse to help

[Andi]

If this is in the wrong forum then I apologise.

I'm a home owner who lives in a block of four flats - two up, two down. I'm on the ground floor and the flat above me is a rental property. For three years now, there has been a leak from the bathroom above me and it has caused huge damage to my bathroom ceiling, tiles and bath. Each owner has buildings insurance via the property Management Company. Our insurance company refuses to pay out until the leak is fixed. After years of trying to get it fixed, I'm at a loss because nobody has any contact details for the lady who actually owns the flat above me and the letting agent refuses to help me. They informed me that their obligation lies with the tenant and they are not obliged to help me so they won't. They refuse to get the problem sorted out. They have said the water leak is probably coming from the shower head in the bath that leaks out over the bath and comes through my ceiling. Because they rented the flat out with a shower, they now say they cannot and will not stop the tenant from using the shower so I'm "going to have to live with it". Well, I can't. It literally rains in my bathroom everytime the tenant uses the bath.

Surely the letting agent is obliged to maintain the property to the standard laid out in the lease on behalf of the landlord? Can anybody give me any advice on how to handle this situation when I talk to the letting agents again? I'm tearing my hair out because nobody wants to take responsibility for the problem. It's causing me a lot of heartache particularly as I want to move and can't sell because my ceiling is collapsing. Please, please, please help me.

Thank you in advance. :)

[justaboutsane]

http://www.landregisteronline.gov.uk

For £2 you can find out the address if the person who ows the flat, that way you can contact them and sort this out.

Good Luck!

[arlow11]

to be honest id offer the tennant 50 pound and go round with a plumber and fix it, what have they got to loose ;)

[Paul_f]

You could do what justaboutsane suggests regarding ownership, but the alternative is to serve notice on the landlord via the agents, who should pass it on.

The tenant can also legally demand from the agent providing it's in writing, the details of the landlord's name & address, and the agent must reply within 21 days otherwise they will be committing a criminal offence.

You could also write to the tenant as if he/she hasn't formally notified the agent that this needs fixing as it's causing damage to your flat, they are in breach of their tenancy.

The agents are wrong to say their obligation is to the tenant as there is no legal entity between agent and tenant, only agent & landlord.

I would also get the council's Environmental Health Officer on this as they can serve notice on the agent to get it fixed!

[Poppy]

Can I assume that the four flats in the block are on long leases? That being the case you should contact the freeholder in writing and inform them that the lessee of the flat above you is in breach of their lease.

[oaktree]

Its also worth noting that in exceptional circumstances the water board can authorise a propertys water supply to be temporarily suspended if it is causing problems elsewhere. It probably won't cover this case where the pipes themselves aren't leaking but it might be worth a try.

[Andi]

I'm so sorry I haven't checked in sooner but I have been unable to get online. Thank you to all of you for your advice. I cannot thank you enough because it's just possible that you've saved me from going insane! I will take everyone's advice here and get stuck into the problem. You have all given me enough knowledge to sort this problem out.

Thank you again. :)