Hello I was wondering if you could help me. For the last eight years I been having problem with the property directly above me, what happen is that water escape from the above flat and come in to my flat. This has been a reoccurring problem for the last eight years, it has damage multiple rooms (kitchen ceiling, bathroom ceiling and passage way ceiling) in my property 3 times over the last eight years. The water drips down on month on ends, we tried countless times complain to the landlord above he say he will fix the leak, most the times it fall to death ears and once in a while he will try to stop it and in a few months the leak start again.The problem is when the leak happens my kitchen becomes useless and dangerous, due to the face the it leaks from multiple place in the kitchen ceiling. The water leak on the cooker into electric sockets, large bit of the ceiling fall off. I can no longer take it no more. Plus for the first 4 years he pretending that he didn’t own the flat and the his dead uncle of ten years own it and his uncle is in hoilday and will come back and fix the problem.I am lease holder of my flat and the flat above me is also the a lease holder, who rent it out privately to large number of people. I tried complaining to the local council and the housing association who are the building landlord, both the local council and housing association wont get involved because we both lease holder and say we have to sort it ourselves.Soi need legal advice on what right I have, how I can force him to fix the leaks in his property and make him fix mine and get compensation for the unliveable condition he made me suffer through.. Thank you in advance for any help you can give me
Province/Country relating to question : london
complaining to local council and the building landlord and the owner of the property.
Thank you for your question, do you know if you have legal insurance cover on your contents insurance? Do you know if the water is from a leaking pipe or from something like a washing machine?
Over 15 years as a Litigator/Dispute Resolution solicitor, and legal aid supervisor
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i have building insurance which is cover in my service charge. the leak is cumming from his bath tub which is not sealed properly and this drainage pipe under his sink in his kitchen and from his friage that is what tower hamlet council plumber and my housing association plumber has told me.. i do not have contents cover..
sorry for the delay I was dealing with another question. From what you have said a lawyer would need to look at the lease as it is possible that the landlord could be liable for some of the issues particularly in relation to the drainage pipe. I asked about the legal insurance as this would help pay for a lawyer. If you are on benefits or a low wage you may be eligible for legal aid. If you are I can assist in finding a solicitor.
In your lease there will be provision regarding what is called quiet enjoyment this would include being able to live in the property without fear of using the electrics. The lease will also state who is responsible for repair to services that run between the floors. Sometimes it is the landlord sometimes the flat owner it depends on the lease.Also the lease will give the freeholder the power to obtain entry where there is an emergency.If the problem is effecting your health it may also be that the environmental health department can serve a notice on the freeholder to undertake works if the freeholder is liable under the lease. It may be worth contacting the council's environmental health department and ask them to attend your property. If they feel there is an issue which makes it prejudicial to health they can make further inquires. In some councils the work is undertaken by the private sector housing officer.
i have ask the local council and the council environmental health, they told that they wont be able to do anything due to the fact the dispute is between two lease holders.... only thing environmental told me when i send it was effecting my family is that for me to fix it or they will force me to fix it.. my building land lords dont wnt to do anything because it between two lease holders...
i want the owner of the property above to fix the damage that been cause to my property, i dont ant to go through my insurance i want him to fill some pain of what i been going through
it sounds like the freeholder and the council are just trying to avoid matters. From what you have said it sounds like there is a claim but without going through the lease it is difficult to say for definite. It needs a lawyer to go through it. Do you think you would be eligible for legal aid? If not let me know where you live so that I can see if there are any other alternatives to getting legal advise locally to where you are or what legal proceedings you can bring
even if your insurers pay if they believe the tenant above is to blame they can bring proceedings in your name to recoup what ever they pay
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