Leak from upstairs property

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    Leak from upstairs property

    I own a downstairs flat which I rented out. Last march the tenant informed us that there was an issue with damp. Once we had it checked we realised it was a leak from upstairs which was unfixable with the tenants in. They moved out in August and it still isn’t fixed. The insurance company have been no help, saying they can’t recommend workmen as they can’t assure workmanship, the upstairs landlord isn’t interested as he’s not suffering, and the council don’t want to know as its private accommodation. The upstairs owner finally employed a plumber who still hasn’t found the source of the leak. Im having to carry out all communications with him. I’ve been back this morning after what the plumber said would be the last option (he hasn’t a clue where it’s coming from) and it’s still leaking.
    Do you have any ideas where we could turn or who should be helping us getting this fixed?

    #2
    Surely a plumber can find a leak would be the main problem, do you not have your own plumber that could go and find the leak?

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      #3
      The owner of the upstairs property owes you a general duty of care not to cause damage (or any other loss) to your property.
      From the time they were made aware of the problem, they are probably in breach of that duty and are probably liable for any subsequent damage and loss to you.
      Before then, unless you can show they were negligent, it probably wasn't a breach of their duty of care on the basis that plumbing sometimes leaks.

      I'd go and see a solicitor and get them to write to the owner of the upstairs flat explaining that he definitely is suffering and should probably pull his finger out.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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