Externally caused damage...

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Wednesday 21 January 2004 11.59am
Does anyone happen to know what the appropriate course of action should be if there is water damage to the ceiling in my bathroom which stems from a leak in another flat in the same block?

I know I need to advise the other flat's tenants/landlord, but I'm wondering whether I should be able to involve the management company, as it is 'damage to the fibre of the building'. I don't expect my neighbours are going to want to stump up any money for a leak, and I'm looking for the quickest, most proper solution.
Wednesday 21 January 2004 12.09pm
definitely the Landlord and his agent...

Wednesday 21 January 2004 12.31pm
Yup - this sort of thing should be covered by the buildings insurance.
Wednesday 21 January 2004 12.34pm
Really? Our managing agents have said they'd prefer not to put this through as an insurance claim as it would raise the premium, and in turn, their cost to us.

Do I have a right to tell them that they must put it through as a claim if I demand it? Are they able to argue that it isn't an insurance issue because it's occurred due to another tenant's neglect?
Wednesday 21 January 2004 1.59pm
As far as I understand (though it's worth checking this out with LEASE), regardless of the cause, if there is material damage to your property, that should be dealt with by the landlord or their agent.

Basically, you shouldn't have to fork out anything for the repairs. They should really claim the money back on the insurance, and their reasons for not wanting to seem rather spurious to me.
Thursday 22 January 2004 5.07pm
Got the same problem at the moment - so was glad I came across this thread.
I am the owner of my ex-council flat, & so are the residents of the flat above causing the problem. Unfortunately - the owners are currently renting their flat out & are travelling around Australia.
I have a contact number for their acting 'Landlord', so will see what he comes up with.
I am very concerned as this is the 2nd time this has happened with in the last 9 months.
The cause is due to them having their bathroom completely re-fited last January. They replaced the bath with a shower unit which wasn't sealed properly - hence the damp patch on my bathroom ceiling. They resealed the shower unit in August 2003, which seamed to do the trick for a while - it didn't increase & looked like it was drying out, but the there has always been a damp patch/stain there ever since. It has now returned & getting bigger than the original.
I am very concerned about the state of the strength of my ceiling, & would appreciate any advice as to whether I accept that their shower unit just needs resealing again, or is it more serious than that - does my ceiling need replastering??

Thursday 22 January 2004 6.22pm
Kyliedog - Water damage to the ceiling is covered by buildings insurance and should be dealt with by the managing agents.

If your ceiling is still getting very wet, eventually the plasterboard will collapse leaving you with a clear view of what is causing the problem in the flat above. If you have not done so yet you need to report this as an insurance claim, or you could find yourself with it being rejected because you let the problem continue and hence allowed the cost of repair to rise unnecessarily.

Before you do, look carefully at the ceiling - if you have a badly ventilated or cool bathroom, the original damp patch may continue to attract water through condensation after the original leak has stopped. Look for any black spots of mould - if you have any then the new damp is likely to be coming from your flat. If plasterboard is damaged by water (as opposed to just getting wet or damp) it is not repairable so if your ceiling is bowing or loose, you will be claiming for a new one.
Friday 23 January 2004 4.36pm
Thank you so much for this information.
As an ex-council tenant, the building insurance is covered by them. I will give them a call to see where I stand. Obviously as this wasn't my fault, but the tenants above - I hope not to be responsible for any costs of the repairs??
The acting Landlord for the above flat is coming to view the problem this evening. I will pass on the info you have given me.
You are right about the patch attracting damp - everytime I run the bath, it has attracted condensation, but has not increased in size, however it does dry off due to the central heating.
Unfortunately - it has increased in size over the last week & is damp at all times, proving there is a new problem upstairs.

Yet again - thank you for this information & looking forward to having a bathroom without the damp patch!!

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