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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15024
Experience:  Senior Associate Solicitor
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I would like to ask the legal expert’s advice about a

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Hello, i would like to ask the legal expert’s advice about a problem I have. I live in the flat and my ceilings are damaged by upstairs flat. It’s clear it is upstairs flat landlord’s responsibility. However, the landlord kept make all sorts of excuses postpone repair my ceiling damage.I have talk to management company many times. They said they have to wait for the landlord’s response. It has been over two years since the leakage happened, what should I do? Who is the best people I should contact with? Thank you in advance.

Hello, this is Jim and thank you for the question.

If the landlord is not taking the required action then you can report them to the local council's housing department.
The council can issue a notice requiring the landlord to perform the works required to fix the leak and the ceiling. If the landlord does not, the council can prosecute them and fine them. The council may be able to carry out the work themselves and they would then pursue the landlord for their outlay.

In UK law, landlords must ensure the property is in good repair under Section 11 to 16 of the Landlord and Tenant Act 1985. Further, a recent law came in to force to provide more protection to tenants, which is the Homes (Fitness for Human Habitation) Act 2018 is now in force - the house or flat needs to be healthy, safe and fit for human habitation (free from things that could cause serious harm).

So an untreated leak (which is classed as an emergency and requires to be fixed within 24 hours) would put the landlord in breach of the tenancy laws.
I recommend you call the council's housing department when they open again tomorrow morning.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,

Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of. Best wishes,

Jim

Customer: replied 9 days ago.
Hello Jim I have sent you the following questions directly to you. Hope you can help me. Thank you so much

Hi, hopefully I have answered the question regarding who you should contact regarding the ceilings.
Thanks

I have seen the further question - I will reply shortly, thanks

Customer: replied 9 days ago.
Thank you so much

My pleasure, thanks

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