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downstairs neighbour leak - my rights.

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A few weeks ago my downstairs neighbour had a leak, from her ceiling. Plumber came, by which time it had stopped and couldn't see what has caused it and all was fine. Now I've had a call from the fact…
Nat_urally Avatar
5m, 1w agoPosted 5 months, 1 week ago
A few weeks ago my downstairs neighbour had a leak, from her ceiling. Plumber came, by which time it had stopped and couldn't see what has caused it and all was fine. Now I've had a call from the factor of my building to say that the landlord isn't happy, it might happen again and he needs a plumber to come into my flat and rip up all my flooring!! Now, it hasn't happened since, I appreciate it wasn't nice for the tenant initially... but I left work early to let the plumber in, I was really helpful... but now! No.. you cannot rip my floorboards up! Unless it's pouring in at the very second. Where do I stand? I know legally if water is coming through right now I have to... but his was weeks ago and it isn't (also I'd never do that, if water was pouring out, of course I'd let them do it!) this just seems unnecessary and a lot of stress for me for the landlord to feel a bit better.
Nat_urally Avatar
5m, 1w agoPosted 5 months, 1 week ago
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#1
Assuming the landlord will make everything good afterwards then what is the issue?

Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?

Life would be so much better for us all if we tried to help each other out.
#2
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
#3
I would agree with ipswich78 - put yourself in their shoes.
#4
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:

• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.

Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
#5
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!

Get something formal drawn up stating they will replace the flooring after they've removed it to investigate, if they agree then fine but if not then don't allow it. It's your call really and I have no idea where the law stands but I'd be inclined to allow them to investigate at their cost.
#6
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Okay, I get that.

It's always best to try and find a compromise. Speak to the landlord of the flat below and ask him what his intentions are etc. in regards to reimbursing you for replacing the floor. As mentioned in this thread get something drawn up (as their expense) to ensure all is made good. Try and look at from a positive, if you can come to an arrangement you get some nice new flooring out of it?
#7
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:

• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.

Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.


​they own the flat. The person downstairs is a tenant
#8
momartin
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Get something formal drawn up stating they will replace the flooring after they've removed it to investigate, if they agree then fine but if not then don't allow it. It's your call really and I have no idea where the law stands but I'd be inclined to allow them to investigate at their cost.

ipswich78
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Okay, I get that.
It's always best to try and find a compromise. Speak to the landlord of the flat below and ask him what his intentions are etc. in regards to reimbursing you for replacing the floor. As mentioned in this thread get something drawn up (as their expense) to ensure all is made good. Try and look at from a positive, if you can come to an arrangement you get some nice new flooring out of it?

Unfortunately he's not allowing direct contact for some reason. Only going through the building factor... but yes I agree that's not a bad idea. Having something agreed on prior to that. So far all I've been told is "yeah don't worry, I'm sure YOUR insurance will cover floor replacement" ... helpful! Not sure how well it will go but I will take your suggestion. Thank you
#9
Nat_urally
momartin
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Get something formal drawn up stating they will replace the flooring after they've removed it to investigate, if they agree then fine but if not then don't allow it. It's your call really and I have no idea where the law stands but I'd be inclined to allow them to investigate at their cost.
ipswich78
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Okay, I get that.
It's always best to try and find a compromise. Speak to the landlord of the flat below and ask him what his intentions are etc. in regards to reimbursing you for replacing the floor. As mentioned in this thread get something drawn up (as their expense) to ensure all is made good. Try and look at from a positive, if you can come to an arrangement you get some nice new flooring out of it?
Unfortunately he's not allowing direct contact for some reason. Only going through the building factor... but yes I agree that's not a bad idea. Having something agreed on prior to that. So far all I've been told is "yeah don't worry, I'm sure YOUR insurance will cover floor replacement" ... helpful! Not sure how well it will go but I will take your suggestion. Thank you
Your insurance won't relate to this surely? Best thing to do is ensure any communication is done via letter / email and keep everything. Suggest, you'll only consider proceeding if you can speak to the landlord directly maybe?
#10
Nat_urally
momartin
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Get something formal drawn up stating they will replace the flooring after they've removed it to investigate, if they agree then fine but if not then don't allow it. It's your call really and I have no idea where the law stands but I'd be inclined to allow them to investigate at their cost.
ipswich78
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Okay, I get that.
It's always best to try and find a compromise. Speak to the landlord of the flat below and ask him what his intentions are etc. in regards to reimbursing you for replacing the floor. As mentioned in this thread get something drawn up (as their expense) to ensure all is made good. Try and look at from a positive, if you can come to an arrangement you get some nice new flooring out of it?
Unfortunately he's not allowing direct contact for some reason. Only going through the building factor... but yes I agree that's not a bad idea. Having something agreed on prior to that. So far all I've been told is "yeah don't worry, I'm sure YOUR insurance will cover floor replacement" ... helpful! Not sure how well it will go but I will take your suggestion. Thank you
Maybe contact your insurer and let them know also - I would assume, if it's a good insurer/insurance policy, that they would prefer to deal directly, on your behalf or at the minimum offer valued support/advice
#11
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.

The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properly

https://clients.lease-advice.org/appointments.aspx
#12
ipswich78
Nat_urally
momartin
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Get something formal drawn up stating they will replace the flooring after they've removed it to investigate, if they agree then fine but if not then don't allow it. It's your call really and I have no idea where the law stands but I'd be inclined to allow them to investigate at their cost.
ipswich78
Nat_urally
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
I certainly did try to help out. I even bought her new bedding because hers was wet, incase it was me. So yes thank you for that. Happy to help... ripping up my floor? No. I own the flat, I have no landlord to run to unfortunately. This has happened to most flats in my block of flats, no cause has ever been found, I didn't force my upstairs neighbours to rip up their floor last time because I was happy it had stopped and they were lovely about it and apologetic. I'm not being a bad person here. Ripping up all my laminate and carpet isn't just a small thing! It's been weeks since the issue.. is my problem!
Okay, I get that.
It's always best to try and find a compromise. Speak to the landlord of the flat below and ask him what his intentions are etc. in regards to reimbursing you for replacing the floor. As mentioned in this thread get something drawn up (as their expense) to ensure all is made good. Try and look at from a positive, if you can come to an arrangement you get some nice new flooring out of it?
Unfortunately he's not allowing direct contact for some reason. Only going through the building factor... but yes I agree that's not a bad idea. Having something agreed on prior to that. So far all I've been told is "yeah don't worry, I'm sure YOUR insurance will cover floor replacement" ... helpful! Not sure how well it will go but I will take your suggestion. Thank you
Your insurance won't relate to this surely? Best thing to do is ensure any communication is done via letter / email and keep everything. Suggest, you'll only consider proceeding if you can speak to the landlord directly maybe?
I'm not sure, I don't know about my insurance. Need to look at it later. Initially I assumed it would be his insurance not mine, but apparently not. Email/letter is a good idea. Stressful phone calls solve nothing and leave no trail!
#13
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.

The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properly

https://clients.lease-advice.org/appointments.aspx

I own my flat outright, the flat below is owned by someone else entirely and rented out.
#14
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.

LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.

Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
#15
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.

I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.
#16
Nat_urally
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.

Nearly every flat is a leasehold, i.e. someone owns the buildings and you can own the lease on the flat which is what your mortgage pays, there are different laws and rules for leasehold premises - hence why you were pointed towards lease-advice.
#17
Nat_urally
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.

I think they mean whether your flat is leasehold or freehold, do you pay building service charges etc.
#18
ipswich78
Assuming the landlord will make everything good afterwards then what is the issue?
Put yourself in the position of the flat below. The landlord / plumber obviously isn't happy that the problem has been fully rectified as otherwise why would he go to the expense of doing this?
Life would be so much better for us all if we tried to help each other out.
This^

Try and be helpful rather than unnecessarily evasive.
#19
momartin
Nat_urally
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.
I think they mean whether your flat is leasehold or freehold, do you pay building service charges etc.

Right! Yes I apologise! I do pay, so leasehold it is. Somehow that terminology has completely escaped me all these years! I will have a look into the above later today, thank you all :) appreciated!
#20
ThePasty
Nat_urally
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.
Nearly every flat is a leasehold, i.e. someone owns the buildings and you can own the lease on the flat which is what your mortgage pays, there are different laws and rules for leasehold premises - hence why you were pointed towards lease-advice.
^^ What he said!
#21
Nat_urally
momartin
Nat_urally
moneybag
Nat_urally
moneybag
adhkarzf
moneybag
Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must:
• keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
• ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
Your tenancy agreement may also include extra contractual responsibilities for your landlord to follow. Read through your tenancy agreement carefully and contact your landlord. If your landlord fails to carry out their obligations you may be able to take action against them for breach of contract.
​they own the flat. The person downstairs is a tenant
It doesn't say clearly that the OP owns the leasehold of the flat, besides which even if they do, the leaseholder is still usually responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat. Any communal pipes or apparatus (eg water tanks) serving more than one flat will be the responsibility of the landlord or management company. It is very important to examine the relevant leases carefully because provisions can vary.
The freeholder has to consult leaseholders before carrying out any repairs or building work that will cost more than £250 per flat. You may not have to pay all the costs if the freeholder doesn't consult you properlyhttps://clients.lease-advice.org/appointments.aspx
I own my flat outright, the flat below is owned by someone else entirely and rented out.
In that case, I'd strongly recommend using lease-advice.org's phone appointment.
LEASE provides FREE initial advice to members of the public on residential long leasehold and park homes law. We can help if your enquiry is about a flat or leasehold house with a lease longer than 21 years or park homes.
Initial advice is defined as the provision of outline, summary, legal advice – as much as can be fitted into a 15 minute time-slot – on residential long leasehold and park homes law, together with the recommendation as to where more detailed information can be found (should that be needed), in order that the client is aware of their options, and potential risks and is, therefore, able to make an informed decision as to what appropriate action they may need to take next.
I honestly have no idea what you're talking about. I have a mortgage on my flat. Perhaps I don't understand... or I don't because it doesn't apply to me.
I think they mean whether your flat is leasehold or freehold, do you pay building service charges etc.
Right! Yes I apologise! I do pay, so leasehold it is. Somehow that terminology has completely escaped me all these years! I will have a look into the above later today, thank you all :) appreciated!

Given that you live in Scotland where such matters are different than in England, you may find this web page and its links of some help:-
Housing >Repairs and improvements >Property factors providing services to homeowners

In England, I know you have to let your neighbours reasonable access to repair their property. I imagine the factors code of practice means that they must put right to at least the same condition anything damaged in the course of their inspection, maintenance and repair. As others have said - get things in writing, take photos (with a date and time included in the photo) before, during and after. You need this work done to your satisfaction also to prevent any re-occurrence within a short to medium term. Good luck with it all.
#22
Refuse and tell the landlord he can rip their ceiling down, it's your property and tough.
It sounds harsh but if they do not put your floor down correctly after you will have a right battle on your hands to get it sorted.
#23
Ask them to cut open their ceiling where the water damage was and check for any leaks there as it will be cheaper and easier to repair the ceiling than rip up all your flooring
#24
hutchir9
Refuse and tell the landlord he can rip their ceiling down, it's your property and tough.
It sounds harsh but if they do not put your floor down correctly after you will have a right battle on your hands to get it sorted.
I agree, why should the op have to put up with the disruption and damage to save the other flats owner the work to find the leak in their property, particularly as the other landlord seems to be trying to fob the op off to claim on their own insurance to cover any damage caused by his repairs.
#25
Do as PEPSIDAVE has said.
#26
mikey_d
hutchir9
Refuse and tell the landlord he can rip their ceiling down, it's your property and tough.
It sounds harsh but if they do not put your floor down correctly after you will have a right battle on your hands to get it sorted.
I agree, why should the op have to put up with the disruption and damage to save the other flats owner the work to find the leak in their property, particularly as the other landlord seems to be trying to fob the op off to claim on their own insurance to cover any damage caused by his repairs.


This was my feeling but I didn't know if I was being unreasonable. It's a "maybe we'll find what caused the leak weeks ago - that hasn't leaked since". And a lot of destruction to potentially find nothing. Spoke to insurers, they wouldn't cover it in any event. Also citizens advice (just in case) I don't HAVE to do anything. Happy to help if need be if water was gushing in, but it's not. The threatening calls yesterday were unbelievable! And I'm apparently liable for the plumber they called out yesterday for no reason - and without me knowing. They don't even know for definite it was my flat causing the leak! (Potentially a neighbour next to me) at least it's nearly Friday eh!?

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