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Looking for some advice on what I can do legally, if anything.

(2 Posts)
Reallynotsureaboutthis Sun 30-Sep-12 22:55:00

I own a flat (mortgaged) which I've lived in for almost 16yrs. Above me is a flat which is owned by a business man who owns several properties which he lets out. Since I moved in 16 years ago, there have been water escapes coming from the bathroom above. I had to involve the council to get them to force him to fix the bathroom, which actually took him 6 mths to do after they got involved, and this happened about 7 years ago, and for about 2/3 years, the leaks stopped. Then about 6 years ago, it started again. It always seems to co-incide with new tennants moving in, so at least once a year, there is another escape, and more damage caused. I'm sick of it. Nothing I do or say makes a difference. The letting agent who deals with the property don't seem to actually want to fix the problem so that it doesn't happen again, they clearly just patch it up 'til next time.

Is there anything I can do, legally, that can force a full inspection of the bathroom to find out why this keeps happening, and so that it can be sorted out properly and the water escapes stop? The only thing I can think of is that the landlord/letting agent are failing to maintain the property, but does that give me something I can use to threaten legal action? Do I have grounds to sue? My insurer has told me in the past if they can't foresee the problem happening again, they can't be held liable, but the number of times this has happened, surely there is a failure to maintain the property?


Btw, I'm in Scotland.

olgaga Mon 01-Oct-12 15:21:14

Have a look at Shelter Scotland - they have an advice line you might try to at least get pointed in the right direction. They don't just deal with tenants, they help home owners too:

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