rogue landlord issues

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    rogue landlord issues

    Hi, I am a landlord and have been battling with the landlord from the above flat as there is a leak coming from his flat into mine, started in September. My flat is getting more and more damaged. A plumber from the management company said there were 4 leaks coming from his flat. The landlord has since said he has had them fixed, but clearly he hasn't. (He is a rogue landlord as have spoken to the many of his tenants he has had living there who have been shafted by him). He is not a nice man to deal with. Can the council help me? Not sure what to do now. I feel for my tenant as he is living in damp and mouldy conditions. The landlord above needs to have the leaks fixed properly. Can anyone offer some advice? I would be most grateful as at my wits end with this rogue landlord!

    #2
    You write a letter stating that you expect to be compensated for the previous leak, and here is the quotation to fix my flat ~( new ceiling / plaster / electrics / carpets etc. ) and failure to pay for the damage within 28 days will result in court action to have him rectify the damage caused by his leak into your flat.

    You then state that it seems that there is a continuing leak, and he has 14 days to fix that problem too.

    You also write to the Managing agent AND the freeholder that the nasy leasholder is damaging your flat, is damaging the fabric of the freeholders building, and those parts that belong to the freeholder, and you want instant action from the freeholder to protect the building from water ingres caused by one of his leaseholders, which is also damaging your flat.

    See how that goes.

    Comment


      #3
      Thank you for your advice, I will try this and see what he comes back with.

      Comment


        #4
        Thank you for your advice will give this a try.

        Comment


          #5
          Originally posted by Maximus72 View Post
          Thank you for your advice, I will try this and see what he comes back with.
          Nope: Strongly suggest you write to him TODAY & MA & freeholder. There is nothing to be gained by waiting until he gets back.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by Maximus72 View Post
            Thank you for your advice, I will try this and see what he comes back with.
            I was a bit abrupt.

            Anyone who damages your property, it is assumed they are liable to rectify the damage.
            I say "assume" as situations vary.

            The damages question is between you and the leaker ( if that is a word ) and they may or may not have insurance cover.
            Others may state claim on your insurance, or the freeholders insurance, but your first port of call is the person damaging your flat.

            Comment


              #7
              Apologies, I had misread your post: Please ignore my earlier reply
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                The interesting point will be to find out whether the leaks are in a piece of pipe which belongs to the other leaseholder (and thus triggers his own insurance if he has any), or whether it is in a piece of pipe which belongs to the freeholder (and thus triggers the block insurance).

                A plumber is not necessarily able to discern whether a piece of pipe belongs to the freehold or to the demise, so this may well explain why the other leaseholder doesn't do much. He may have checked his pipework and found it to be in order. In which case you would need to sort this out with the freeholder instead.

                Comment


                  #9
                  If you think about it it is 99 percent likely to be the leaseholders pipe/equipment that is leaking.

                  Comment


                    #10
                    In most cases a buildings insurance policy covers ( for an inured peril and consequential loss) the pipes in the demise and or the responsibility of a leaseholder.

                    if its not an insured peril then it is a fault based claim or nuisance claim against him or if the ease allows requiring the block landlord to enforce the terms of the lease.
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                      #11
                      Thanks, the MA originally sent an independent plumber who confirmed there were 4 leaks coming from the flat above and issued a report. I have since been back to the MA and they say they can't get involved too much as it is a flat to flat problem. They have contacted the council who we are waiting to hear back from. We have sent a message to landlord stating that its his property that is leaking so he needs to fix it. We are hoping environmental health can intervene. The board of Management for the block of flats have also been contacted.

                      Comment


                        #12
                        Originally posted by Maximus72 View Post
                        .
                        1) been back the MA
                        2) contacted the council
                        3) hoping environmental health can intervene

                        You are contacting the wrong people.

                        I hope you have advised the leaseholder in words similar to post number 2, or rephrased in a more affable manner, but still stating 14 / 28 days to fix the leaks and to fix your flat ?

                        If no reply or a downright refusal, then sue.

                        Comment


                          #13
                          Thank you, we have previously given the leaseholder 7 days to fix the leaks by phone and text, this all started on the 4th September, he keeps saying he has fixed them and that the leak is not coming from his property. We have asked the MA for his address so we can write to him properly.

                          I did make a bit of a blunder as I was getting so fed up, I got my plumber to go in and check his flat but the plumber said he needed to come back to do some more invasive work i.e. look at the overflow pipes in concrete and boxed in pipes behind toilet so had I to ask permission to do this. My partner said he didn't think this was a good idea. so we have now batted it back to the rogue landlord.

                          We mostly likely will have to go down the suing route before it gets any worse, but how do you put a figure on a court claim when the leak and the damage are ongoing?

                          Comment


                            #14
                            Originally posted by Maximus72 View Post
                            but how do you put a figure on a court claim when the leak and the damage are ongoing?
                            You get a quote to fix your flat as it stands, assuming the leaks have stopped.
                            Get the ball rolling today.

                            An addendum can be added that the cost of £ x is to fix the current damage, but if leaks reappear or continue, a further £ x will have to be spent, and probably a simmilar or more than the current quote, and of course in addition to the original quote.

                            Either way, it's the leaseholder or the freeholder that HAS to fix your flat, ( be it from their own pockes, or via any insurance they may have, but their insurance is not your poroblem, you sue those responsible, and / or those that won't check for leasks ) but only by going to court will you find out.
                            Find out meaning, the leasholder says he has fixed the leaks, therefore it's up to the freeholder to check THEIR common pipes that run up inside the building that serve the flats to ensure it's not ( or is ) theirs.

                            There is a leak somewhere, and you have 2 parties one saying it's fixed, and one saying it's not their problem.

                            Suggest you contact again the freeholder ( via and copy to the Managing agent ) to state this cannot continue, and someone is going to get sued, and if it is found that the freeholders waterpipes are defective, you have enough evidence to show the freeholder did nothing about it, and the leaseholder and freeholder will get sued as no one is willing to find the leak.

                            Adding, please confirm the freeholders name and address ( they may have moved ) for which legal documents can be served upon. ( the agents cannot refuse )

                            Comment


                              #15
                              Great thanks so much for your help and advice, its definitely appreciated. Like you said we have an abundance of evidence, reports and photos and just the sheer state of my property, one of them is definitely liable! Keep you posted

                              Comment

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