Neighbours, damp, l...
 

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Neighbours, damp, leaks and refusing to cough up

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 Joe
Posts: 1705
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Hello STW,

Does anyone else feel their entire life is taken up with trying to deal with admin that is caused by other people? Well...

This year we had a leak from the upstairs bathroom into our property below. Initially the paint flaked off, but a week or so later a couple of cracks appeared and there is a visible (...but not awful ) bow in the ceiling. A plasterer has come round, says the plaster is blown and that it needs redoing.

The upstairs landlord has said they don't thing the ceiling is worth replastering and that i'm making a fuss. They said they won't pay to have it redone.

This is the third leak/damp issue into our house this year. One from each side (either neighbour and the neighbours above!). I am so bored of dealing with this kind of stuff.

Apart from sharpening the bombers, what shall I do apart from leave London? I am planning to leave London next month and want to rent the flat... the ceiling looks tatty and i'm worried about it long term.

I don't want to make a huge fuss with the neighbour, but also  feel like they should pay for the damage. Advice please!


 
Posted : 29/11/2023 6:18 pm
Posts: 6581
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No idea if this is possible but claim off your insurance and let them deal with your neighbour?


 
Posted : 29/11/2023 6:22 pm
Posts: 7433
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small claims?


 
Posted : 29/11/2023 6:24 pm
mattyfez and mattyfez reacted
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Claim of your insurance and they will go after ipstairs for the costs.  

Thats one shitty landlord 


 
Posted : 29/11/2023 6:27 pm
leffeboy, simondbarnes, leffeboy and 1 people reacted
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You would need to prove negligence to claim.


 
Posted : 29/11/2023 7:24 pm
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My boiler in our BTL flat leaked through the downstairs flat.

I paid for everything to be replaced - new plasterboard and skim, new light, and tub of Dulux as her brother was a decorator and said he would do it. It wasn't that expensive - from memory my handyperson charged me a half day labour and the materials weren't expensive.

Just go via your insurers and start the process.


 
Posted : 29/11/2023 7:59 pm
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You would need to prove negligence to claim.

Really?  In what way?  Easy enough anyway - the three part test.  Is there a duty of care - yes we all have a duty not to flood our neighbours.  Was that duty breached?  Yes - the downstairs flooded.  Is there a monetary loss?  Yes<br /><br />All 3 parts met for it to be negligence

But I do not see how negligence has anything to do with it


 
Posted : 29/11/2023 8:27 pm
 Ewan
Posts: 4336
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I think there is precident established that's it's only if they knew there was a leak and did nothing about it that they would be liable. You're not expected to rip up your floorboards once a month to check a pipe isn't about to leak.

Basically claim on your insurance and let them deal with it.

https://www.lease-advice.org/article/water-is-leaking-from-my-neighbours-flat-and-damaging-mine-who-should-pay-for-it/


 
Posted : 29/11/2023 10:10 pm
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Basically claim on your insurance and let them deal with it.

Surely "claim on their insurance and let them deal with it"? It's the tenants' responsibility isn't it?


 
Posted : 29/11/2023 11:05 pm
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No - its the landlords responsibility unless its an overflowing bath or similar - if its a plumbing fault its the landlords responsibility

But if they will not play ball you claim on your insurance then your insurance co will go after them and it will cost them a LOT more money


 
Posted : 29/11/2023 11:16 pm
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Apart from sharpening the bombers, what shall I do apart from leave London? I am planning to leave London next month and want to rent the flat… the ceiling looks tatty and i’m worried about it long term.

Sell your flat, don't rent it out. You really don't want to have to deal with tenants and the responsibility that comes along with them.


 
Posted : 29/11/2023 11:24 pm
Posts: 1831
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Does anyone else feel their entire life is taken up with trying to deal with admin that is caused by other people?

sell it if you want this to go away.


 
Posted : 30/11/2023 9:22 am
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Fix it & sell it, you don't want to get into dispute with neighbours.


 
Posted : 30/11/2023 10:44 am
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If you just claim on insurance, and the insurance co. gets into a dispute with the neighbour, do you even have to declare it when selling?

Pulling down a plaster ceiling, reboarding and reskimming will be probably getting well north of £700 in that London, not including decoration.


 
Posted : 30/11/2023 11:22 am

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