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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a first floor flat in a block in Mitcham, which I let

Customer Question

I own a first floor flat in a block in Mitcham, which I let through an agency.
Last year I was informed by the agency that the downstairs flat was complaining of water ingress from the bathroom of my flat above.
On inspection by a builder it was discovered that when the flat was built there was no waterproof membrane behind the tiles in the bathroom of my flat. As a consequence, over many years water has seeped through the tiles, rotting the floorboards around the bath. Water has obviously over the years seeped into the flat below. Since discovering
the cause of the problem I have asked my tenant to stop taking showers (and have reduced the rent accordingly).
I have applied to the insurance company for money to cover repairs. After initially refusing to pay anything they eventually agreed to pay £1500 towards repairs.
Since the report from the builder I have also had an independent surveyor look at the damage, and he has agreed with the findings of the builder. The damage has occurred over many years due to the lack of a waterproof membrane behind the tiles.
The owner of the downstairs flat has asked me to pay for the damage to her flat. However, I do not believe that there has been any negligence on my part, and am therefore not responsible for payment for repairs to her flat. I said that I would get legal advice.
Many thanks
Malcolm Davies
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know please?
Customer: replied 2 years ago.

Could you please confirm that I do not have any responsibility for carrying out repairs to the downstairs flat.

Many thanks


Expert:  Ash replied 2 years ago.
Correct you do not have any responsibility for the downstairs flat.