Hello my name is ***** ***** I will help you with this.
If it is the fabric of the building then yes the Trust is responsible
Clearly if it is a tenants responsibility and the tenant is not doing anything about it the Trust ought to take action because it has the potential to damage the property as a whole
Therefore the lease should give the Landlord emergency rights to enter and repair
If not then the Landlord would need an injunction to enter.
But usually yes, the landlord would be responsible
Can I clarify anything for you about this today please?
The landlord has already gained entry into the flat by a friend of the lessee allowing entry for a plumber to visit. the Plumber has given a report that he needs permission to lift floorboards to repair and the water mains need to the flat needs to be shut down. He has furnished a report saying the situation is affecting the ceiling below which is likely to fall down and with regard to the electrics. The landlord is now saying it is not their responsibility
The Landlord only has a duty to stop the leak, nothing else.
Just to confirm do you rent or own your flat?
It is my daughter's flat and she part owns the lease with the Landlord. The plumber has said on his report that the situation is dangerous in his opinion. My daughter is a single parent (widow) with two children of 18, 16 one of whom is asthmatic
Yes. The Landlord wont be responsible for the ceiling.
That will be your daughter. She needs to get it repaired and then issue proceedings against the upstairs tenant
But the Landlord only has responsibility to stop the leak - nothing else
Thank you for the information, it is of great assistance.
Can I clarify anything else for you today please?
Dear Ms Watts,
If the landlord doesn't act now and the damage is accruing and the situation is deemed dangerous e.g. my daughter cannot use the lights in the bathroom and toilet at night and water is dripping down from the top of the door frame, making the floor slippery is this not a health & safety issue? Do they not have a duty of care to their lessee - my daughter. Could my daughter sue them also for their lack of action in a potentially dangerous situation, not to mention the damage? Could my daughter call the fire brigade to effect entry to the flat above to effect a repair?