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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi, I own my flat and the one above is rented. I have water

Customer Question

Hi,

I own my flat and the one above is rented. I have water coming down the wall that can be traced back above my ceiling. The flat above has no visible water damage so clearly water is leaking somewhere and collecting under the floor before coming down into my flat.
The landlord of the flat above is refusing to let anyone pull his flooring up to find the water and trace back the leak as we don't have proof it is caused from his flat.
We are now at logger heads as we can't prove where it comes from unless we pull it up to trace back, but he won't do it without proof it is his problem.

Is there any way i can force him to given my flat is being damaged by the water.

Many thanks,
Cas
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Have you had a plumber to trace the leak?
Expert:  Stuart J replied 4 years ago.

Is this damp or pouring water?

Are you sure it is not coming from outside?

Did it starts suddenly?

how long has it been going on for?

Customer: replied 4 years ago.

It is the exterior wall but it is not coming from outside (no pipes, outlets, or anything dripping on it)


 


We saw watermarks gradualy appear down our wall and they have continued to spread. The wall is covered in watermarks and we get the odd drip. The wall is very damp but nothing is pouring.



We first saw it almost 4 weeks ago and have been trying to get resolution through the building management company since.

Expert:  Stuart J replied 4 years ago.


The
management company need to take a firm line with the leaseholder of the flat
above and threaten an application to court for an injunction and costs. If he still
does not capitulate and allow you to investigate, you are faced with applying
to court for an injunction.

A
solicitors letter might wake him up.



However,
you have to cause as little disruption as possible and you have to put
everything back in the state that it was before you carried out the
investigation. He is entitled to compensation for disruption and mess if it
transpires that firstly, there is no leak which is identifiable or secondly if
it is not coming from something which is his responsibility.







Can
I help further?



The next
part is really important for me:



Please
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The thread remains open. Thanks



Stuart J and 2 other Property Law Specialists are ready to help you
Expert:  Stuart J replied 4 years ago.

PS, there is of course the option of removing part of the ceiling in your flat to investigate.

At least then, you have total control and you do not have the risk of him alleging all sorts of damage to its fixtures and fittings carpet, furniture and general disruption.

It also means that you could get on the case sooner rather than later and without the risk of court proceedings and the associated potential costs if you do not get costs awarded against him

Customer: replied 4 years ago.


Unfortunatly between our flats is a concrete slab so i can't go in from underneath.


 


 

Expert:  Stuart J replied 4 years ago.

In which case, then, if his floor is concrete. There is no point in removing floor coverings, because the leak is likely to be from something against the wall.

Regardless,, you are still entitled to apply to court for an injunction to stop this nuisance and in that needs you to gain access, then so be it.

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