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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What is the legal situation re: flooding? Moved into ground

Customer Question

What is the legal situation re: flooding?

Moved into ground floor apt as a private tenant in August. Since then Council tenants upstairs have repeatedly flooded by kitchen.

i have been in contact with my own estate agents and also Lewisham Council - repairs, anti-social behaviour and organised for a plumber to visit the upstairs apartment to fix the problem.

The water continues to flow through my ceiling and light-fittings, flooding my kitchen - full buckets of water, not able to use the electrics and general disruption of my life and negatively affects my quality of life.

Contacted the 101 non-emergency police and Lewisham Council out of hours engineer/plumber called to my door at 4 am. As usual in these situations, my neighbours refused to let them in.

A further plumber was sent from the Council again today who was also refused entry. He suggested that next time it happened I should call the Fire Brigade.

As a responsible citizen, I would not wish to take life-saving teams away from their duty, however at the same time this must stop.

I am paying full rent for this property, my personal effects have been sdestroyed by water damage and it has meant that I have had to take several days off work to be available for plumbers/Council workers.

What should be my next step in order to resolve as soon as possible?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What type of tenancy do you have please?
JACUSTOMER-4zq4ng73- :

Private tenant

Alex Watts : Apologies for the delay I have been in Court.
Alex Watts : Are you a council or private tenant please?
JACUSTOMER-4zq4ng73- : I am a private tenant
JACUSTOMER-4zq4ng73- : Private
Alex Watts :

The Landlord is responsible for your property and making sure it is quite secure.

Alex Watts :

In the event of the flat upstairs flooding you would need to sue for nuisance. But you should get compensation for loss, damage and distress.

Alex Watts :

You have need to sue both the Landlord and the upstairs tenant.

Alex Watts :

This is called 'nuisance' and is a tort. If you sue both together then you have more chance of winning.

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

Please do take a moment to leave feedback before you go today