ChatterBank1 min ago
Help - Legal Advice!!!!
8 Answers
I live in a flat on the ground floor which I own. I have water leaking through my ceiling in the bathroom, kitchen and know the lounge. It must be from the flat above. I have a solid concrete ceiling so I can not get a plumber to look for the problem through my ceiling. The girl in the flat above rents her flat from an estate agent. I have approached the estate agent and they appear to be doing nothing about it. However, one of the people at the estate agents said to me that cannot get access to the flat as they are trying to evict her at the moment. Does anyone know what I can do to resolve this as I want to sell the flat in a couple of months. Also if the leak is in a pipe that is in their flooring should the estate agents be the one to pay for the damage in my flat as I have done nothing wrong and according to the maintenance company this is not a common area so they are not responsible. I have tried to get through to the CAB on the phone for over a week and have had no joy. I would really appreciate some helpful advice. Many thanks in advance.
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You appear to have a genuine emergency so therefore under the legality known as "self help" you are entitled to gain access and make the repair. To be on the safe side, serve written notice upon the estate agent, maintainance company and the occupant of the flat that unless within 24 hours the nuisance is abated you will without further notice gain entry and abate the nuisance yourself. Engage a locksmith to gain entry, let the plumber in to do the repair, leave all safe and tidy. Send the bill to the estate agent, including cost of repairs to your flat. Request payment within 21 days, if no cheque by then issue summons in the Small Claims Court.
Tony - Does your flat / contents have insurance cover? If you have put your insurance company in touch with the Estate Agents, that may speed things along. Otherwise if your not covered, perhaps just cover your contents?
Or try phoning a local Solicitor for � hours consultation, that shouldn't cost too much
In answer to your second question, are you a person who can stand up for himself and argue his corner? If so, proceed under self help as follows. Locate the rising water main to your flats, follow it up vertically until you find the horizontal pipe that feeds the nuisance flat. Employ a plumber to cut into this and insert a lockable valve (there are many types). Cost �50-�80. Abate your nuisance by turning off the water to the nuisance flat, lock the new valve and pocket the key. Refuse to release the key until satisfactory arrangements are made in writing to permanently abate the nuisance and pay builders/decorators direct for repairing your flat. This is all quite legal under self help. Avoid solicitors, they will only take a lot of your money and give you little or nothing in return.
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