Pests in property!

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    Pests in property!

    Hi everyone
    just wanted some advice.
    Have had 3 tenants leave over the year because of cockroaches entering the flat. Despite getting pest control in and treating it the problem returns and they found it was coming from another flat in the block (likely below)
    After several attempts to discuss this with the property below (and them denying any problems in their flat) and pleading with the block property management (who wouldnt get involved) the infestation spread to the whole building.
    The property management then commissioned a surveyor who found the flat below was the source and was in a terrible state. They have asked the owner to pay to treat the whole block.

    I just had a few questions if anyone can help.

    Can I claim back any charges for treatments I have paid for in my flat (as the source is directly attributable to the flat below)
    Can I claim for loss of rent as the property is vacant. The current tenants have left as they cant stand it anymore and each time I've let out after a round of treatment the agents have charged me and then the tenant stays for a while and then leaves after the pests return. They have specifically cited the pests as the reason for leaving


    It's not simple, and you'd want to get a professional view on it, but I think the answer broadly is yes to a claim, but possibly not the rent.

    The downstairs neighbours (almost certainly) owe you some kind of duty of care not to allow an infestation of cockroaches, and from the first time you made them aware of the problem and your belief that they were responsible, they were probably negligent in not addressing the issue.

    You suffered a loss as a consequence and have some kind of claim in tort for the loss.

    Whether the loss of rental income can be claimed would come down to whether or not the loss was reasonably forseeable, which is hard to predict. You knew it was likely to happen, but could the neighbours?
    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).


      Is the flat below owned by the present resident or is it rented ?


        You could arrange a protest march in your block like this

        In Scotland (per this march) the filthiest most disgusting properties are those maintained by the state - the very folk who like to preach to the rest of us operating with a modicum of cleanliness in the in the free market.

        Are these folk below you funded by the taxpayer and implanted by the local council? bet you they are...


          So the property below is rented, the managing agent was contacted by mine and they initially said they had no problem.
          We persisted with asking them as our pest control contractor was adamant the recurrence was from an adjacent flat.
          They still stated they had no issues.
          With regards to the final report. It was contracted from block management with a RICS surveyor.

          They have placed the flat below responsible for remedial treatment for the whole block.

          If unable to claim for loss of rental, the direct costs of treatment and reletting fees could be directly attributable to the pests which were sourced from the flat flat below?


            Forget it IIWY. That is one of the little pleasures you have to deal with in flats.

            I wonder if the lessee could be denied consent to let?


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