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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madam, Please could you advise if the Landlord

Customer Question

Dear Sir/Madam,
Please could you advise if the Landlord of a Housing Trust Property (block of flats) is responsible for the repair of a ruptured water mains leaking from an absent lessea's flat into the flat below causing damage? I would be most obliged for your attention to this.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If it is the fabric of the building then yes the Trust is responsible

Alex Watts :

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

Alex Watts :

Therefore the lease should give the Landlord emergency rights to enter and repair

Alex Watts :

If not then the Landlord would need an injunction to enter.

Alex Watts :

But usually yes, the landlord would be responsible

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Alex Watts :

The Landlord only has a duty to stop the leak, nothing else.

Alex Watts :

Just to confirm do you rent or own your flat?

Customer:

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

Alex Watts :

Yes. The Landlord wont be responsible for the ceiling.

Alex Watts :

That will be your daughter. She needs to get it repaired and then issue proceedings against the upstairs tenant

Alex Watts :

But the Landlord only has responsibility to stop the leak - nothing else

Customer:

Thank you for the information, it is of great assistance.

Alex Watts :

Can I clarify anything else for you today please?

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

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?

Expert:  Ash replied 3 years ago.
If they were negligent then she could sue.

But your daughter has no right of entry - that is the problem

Alex