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Flat above flooding my flat frequently

LANDLORD FORUMCategory: OtherFlat above flooding my flat frequently
Luke Arrowsmith asked 1 month ago

Hi Everyone,

Really hoping someone can help. My ground floor flat is rented out, and the person living above frequently allows his bath to overflow and therefore floods my property.

As a landlord I of course need to foot the bills to make it safe again in my flat. This has happened 3 times since December 23rd 2020.

On top of this, that same person above is constantly doing building work, which my tenant has been doing fantastically in reporting to the council.

Prior to my current tenant living there, he racially abused my previous tenant who in the end left my flat, because of this. There were numerous police reports made about this. Apparently the guy above causing the damage has no mortgage and owns the property outright.

I am trying to recoup the costs from the flat above for the continued flooding, that is just down to him being drunk and falling asleep.

The block management company, are not interested in getting involved. Can this be true?

Turns out the freeholder, has also responded with this: "Thank you for your email.

Unfortunately we are unable to assist with regard to the matters raised below as our client does not hold any management or maintenance obligations at Turnberry Court.

It would be a case for the leaseholder(s) of the affected property to seek independent legal advice and continue to try to communicate with the occupier of the property situated above in order to rectify the water ingress issues.

We apologise we could not be of assistance."

Now I always pay all my fees, and wondered if they are able to just wash their hands of this completely?

Any support or guidance would be great as it seems I am alone on this, as block management and freeholder dont feel they can assist me.

Luke Arrowsmith replied 3 weeks ago

Thank you for this. Its very tricky, and I have spoken to landlordadvice.co.uk, but seems that the above guy has no mortgage, and is unwilling to pay for any of the damage caused. This also leads me to believe he wouldnt go down the mediation route either.
I obviously cant absorb a few hundred £ to repair my place every time he floods it from above, but seems there is nowhere else to turn for this.

simon Horwell replied 3 weeks ago

I really sympathize with your situation. First, make sure the overflow on the bath is not blocked and working properly. It is also possible to get a qualified plumber to fit a flow limiter to the taps etc..

Since this is happening to you so often, I would write a formal letter to the tenant warning them that if they flood the property again due to their carelessness, you will seek posession/’evict’ them.

There are other measures you can put in place to mitigate the chance of floods but, why should you and I doubt it would solve the fundamental problem.

Try to work with your tenant to find a reasonable solution and with their permission, it may also be a good idea to get social services/local council involved and even their close relatives.

1 Answers
Marc Attwater Staff answered 1 month ago

You can issue a claim under "trespass" and also an injunction at the same time. See alegal advice as this can sound complex and confusing to a lay person. You can contact Landlord Advice UK who are pretty good in this area of law. https://landlordadvice.co.uk/

Luke Arrowsmith replied 1 month ago

Fantastic thanks for the advice Marc!

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