Advice on leak in flat.

30
Posted 20th May
Anyone able to offer any advice on this situation I’ve currently found myself in.

I own a 1st floor flat in a 2 floor building. The flat above is owned but is renter to tenants.

There appears to have been a slow leak from the property above that has got worse undetected by both flats. I reported this on Monday and landlord for flat above sent his handyman to have a look. Tuesday night it’s got worse and has started coming through lights.

It seems this has been a long time leak as my laminate flooring has bowed in the hallway and bedroom.

From what I’ve read online it seems that the landlord above has no obligation whatsoever to put things right in my property.

My insurance is £500 excess (escape of water excess)

Anyone been in this situation or offer any advice. Am I really going to be £500 worse off for something that wasn’t my fault?
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30 Comments
Ask your insurance company first.
Who is responsible for repairs.
Upstairs are but insurance will advise you.
You could always take to small claims court for costs, but get evidence of leak eg. Photos...
Move
bigwheels20/05/2020 12:15

Who is responsible for repairs.Upstairs are but insurance will advise you.



Fair enough but I am expecting them to just tell me to start my own claim at my own cost.
trumps_hair20/05/2020 12:23

Move


Not very helpfull that, is it. Or it that your attempt at humour?
Bargainhead20/05/2020 12:22

You could always take to small claims court for costs, but get evidence of …You could always take to small claims court for costs, but get evidence of leak eg. Photos...




Is this possible? Everything I’m reading is basically saying if it’s not negligence then it’s not their problem.

I’ve got pictures and videos.
201520/05/2020 12:33

Is this possible? Everything I’m reading is basically saying if it’s not ne …Is this possible? Everything I’m reading is basically saying if it’s not negligence then it’s not their problem.I’ve got pictures and videos.


We had a similar issue and even worse we had the same insurance company which meant the company wouldn’t try and claim itself.

We were £350 out of pocket and upstairs neighbour did nothing.. unless it’s negligence you are unlikely to get anything was the advice we got from the insurance.

In honesty been flooded twice and has cost us both times in different flats.
Ooooo thanks for your honesty 😩

I can’t believe that’s a thing when it’s the same insurance company.

Was that £350 excess charges?
201520/05/2020 12:33

Is this possible? Everything I’m reading is basically saying if it’s not ne …Is this possible? Everything I’m reading is basically saying if it’s not negligence then it’s not their problem.I’ve got pictures and videos.


They have cost you money, it’s about blame with court, ring citizens advice...
i think the first priority is to find and fix the leak, which from your post seems to be going still and hasn't yet been resolved?
mutley120/05/2020 14:39

i think the first priority is to find and fix the leak, which from your …i think the first priority is to find and fix the leak, which from your post seems to be going still and hasn't yet been resolved?



I contacted building management on Monday and asked them to report leak to landlord and to ask them to ring me.

He sent handyman Monday night 5/6pm who must have tried to tighten/bodge something.

Then Tuesday night it leaked big time and was coming out in half the flat through lights etc. Not a massive leak this time couple of buckets maybe. I called the landlord again and told him this who said he would contact tenants and ask to turn water off etc. Said he’d send handy man Wednesday. Haven’t heard anything since. Spent most my day clearing up.

I have asked the tenant to knock when handyman turns up.

I’m absolutely stumped as to why there’s been no contact so far. Certainly not how I would act as a landlord of a property.
AndyRoyd20/05/2020 14:22

Example in rented flat 2019: …Example in rented flat 2019: https://www.hotukdeals.com/discussions/leak-from-flat-above-3320655



Thanks for the link but can’t see anything that helps me from the thread.
Bargainhead20/05/2020 14:06

They have cost you money, it’s about blame with court, ring citizens a …They have cost you money, it’s about blame with court, ring citizens advice...



But if it’s not from negligence then there’s no blame. This is what I’m reading that blows my mind.
201520/05/2020 15:06

But if it’s not from negligence then there’s no blame. This is what I’m rea …But if it’s not from negligence then there’s no blame. This is what I’m reading that blows my mind.


There may/will be negligence if the person / entity responsible for correcting the issue is informed about the issue but chooses not to respond appropriately to the issue to otherwise mitigate losses.
201520/05/2020 14:54

I contacted building management on Monday and asked them to report leak to …I contacted building management on Monday and asked them to report leak to landlord and to ask them to ring me.He sent handyman Monday night 5/6pm who must have tried to tighten/bodge something. Then Tuesday night it leaked big time and was coming out in half the flat through lights etc. Not a massive leak this time couple of buckets maybe. I called the landlord again and told him this who said he would contact tenants and ask to turn water off etc. Said he’d send handy man Wednesday. Haven’t heard anything since. Spent most my day clearing up. I have asked the tenant to knock when handyman turns up. I’m absolutely stumped as to why there’s been no contact so far. Certainly not how I would act as a landlord of a property.


this is always the problem with having a neighbour above you. the management company should also take responsibility for trying to get this resolved, so if you don't get much outcome from the landlord, then get back to the management company. the buildings insurance policy for the block may include a track and trace for finding leaks. if that is the case, the landlord can get the block insurance provider to send a specialist round to trace the leak.

dynorod is also very good at tracing leaks if it is difficult to find as they have specialist equipment to trace leaks in hidden pipes.

you will need to claim on your building insurance for any damage to your property unfortunately. you can claim against the landlord if he doesn't take reasonable measures to resolve the problem but really it is the building insurance.
AndyRoyd20/05/2020 15:10

There may/will be negligence if the person / entity responsible for …There may/will be negligence if the person / entity responsible for correcting the issue is informed about the issue but chooses not to respond appropriately to the issue to otherwise mitigate losses.



The issue is the fact it’s a leak that has run down between the walls. I hadn’t noticed the leak but it must have been leaking for a while for the flooring to go.

Technically it was only officially reported on Monday and I have no doubt the leak is coming from either the shower or the cylinder and will be fixed easily enough. I say technically as I have complained, albeit indirectly, about flooring in their flat being an issue. They should have investigated it then and they would have found the problem was water. But being the right gits they are they ignored me for 6 months and here we are.

So his point of view will be that he acted on it straight away and the damage is my own responsibility.
mutley120/05/2020 15:15

this is always the problem with having a neighbour above you. the …this is always the problem with having a neighbour above you. the management company should also take responsibility for trying to get this resolved, so if you don't get much outcome from the landlord, then get back to the management company. the buildings insurance policy for the block may include a track and trace for finding leaks. if that is the case, the landlord can get the block insurance provider to send a specialist round to trace the leak.dynorod is also very good at tracing leaks if it is difficult to find as they have specialist equipment to trace leaks in hidden pipes.you will need to claim on your building insurance for any damage to your property unfortunately. you can claim against the landlord if he doesn't take reasonable measures to resolve the problem but really it is the building insurance.



I spoke to the building management company on Monday and the specifically said I would have to claim on my own insurance.

As I mentioned I believe it’s a simple leak that will be fixed although they somehow managed to make it worse by doing something Monday night.

Probably bodged it and the tenants used the shower for longer as they assumed it was fixed or something along those lines.
eslick20/05/2020 18:18

https://www.thisismoney.co.uk/money/experts/article-7090451/My-boiler-burst-damaged-neighbours-home-insurance-pay.html



Thanks, I did read this one but it says to initially claim on own insurance and then own insurance will try and claim off neighbours insurance or own money.

Not sure what that means if the neighbour doesn’t have insurance...
201520/05/2020 16:40

I spoke to the building management company on Monday and the specifically …I spoke to the building management company on Monday and the specifically said I would have to claim on my own insurance.As I mentioned I believe it’s a simple leak that will be fixed although they somehow managed to make it worse by doing something Monday night.Probably bodged it and the tenants used the shower for longer as they assumed it was fixed or something along those lines.


if you live in a block of flats, there will be block insurance as you can't really insure your own flat since it is a whole building. therefore both you and the landlord will be claiming from the same insurer. you would have paid annual service charge to the management company and that would have included your share of the annual building insurance cost for the block.
mutley120/05/2020 18:35

if you live in a block of flats, there will be block insurance as you …if you live in a block of flats, there will be block insurance as you can't really insure your own flat since it is a whole building. therefore both you and the landlord will be claiming from the same insurer. you would have paid annual service charge to the management company and that would have included your share of the annual building insurance cost for the block.



I thought I saw this on the service charge as well. However I believe it’s only building insurance. Which doesn’t really help us as it’s contents that are damaged.

*update*

Plumber/handyman has been and identified leak, it was the shower hose outlet connector. Can’t fix until tomorrow but tenants won’t be using water etc.

Explained problem with our damage and he is going to speak to landlord tonight and report back tomorrow when he comes to fix the issue.

Holding a little bit of hope that I hope they don’t extinguish!

Seems that the problems I listed here are linked!
hotukdeals.com/dis…680
201520/05/2020 19:36

I thought I saw this on the service charge as well. However I believe it’s …I thought I saw this on the service charge as well. However I believe it’s only building insurance. Which doesn’t really help us as it’s contents that are damaged.*update*Plumber/handyman has been and identified leak, it was the shower hose outlet connector. Can’t fix until tomorrow but tenants won’t be using water etc.Explained problem with our damage and he is going to speak to landlord tonight and report back tomorrow when he comes to fix the issue. Holding a little bit of hope that I hope they don’t extinguish!Seems that the problems I listed here are linked!https://www.hotukdeals.com/discussions/creaking-floorboards-in-upstairs-flat-3451680#comment-40569028


building insurance will cover structural damage to your flat so if you need to redecorate because the water ingress or the laminate flooring needs replacing, they will fall into building insurance and not contents insurance. content insurance would be if your sofa, bed or TV got damaged from the leak.

it is good to hear that they have isolated the leak as that is by far the most important thing to resolve and can often be difficult to trace.
Just ring your insurance & let them sort it.
201521/05/2020 00:54

At a cost of my £500 excess?


If you think you can repair the damage for less than £500 probably, ring a repair man to come fix the damage. If you think it's going to be £1000's go through insurance. These things happen.

As an example I've got a large tree in my garden, neighbour has complained twice they think it's dangerous. I've had two tree surgeons come out and have said it's fine. If it now falls down in high winds and crushes their car they must claim from their own insurance.
Edited by: "backyard" 21st May
201521/05/2020 00:54

At a cost of my £500 excess?



You only pay excess if it is your fault. They will recover the excess from the flat above insurance & refund you later.
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