To think we shouldn’t have to put up with this.....

[Starcup]

Could anyone point me in the right direction please?

I own a property a 3 bed flat in Edinburgh. It’s a ground floor property that I inherited from my nana.

I don’t live in it, I rent it out to a tenant. Tenant is great no issues at all.

My issues is that the people that own the upstairs flat are causing me no end of stress and my poor tenant.

My tenant told me that the bedroom ceiling was leaking about a year ago. That was due to the upstairs putting in their own bathroom and not sealing it properly.

Then a few months ago water dripping down the wall again, this time it was the boiler (fair enough they couldn’t have known that)

This morning water dripping through the bathroom light... he’s fitted a new washing machine himself and put in a new tap ffs

I’ve also had to change the fuse 2/3 times in the kitchen because of water from their property.

The insurance will hopefully pay for the boiler leak but I’m sick to the back teeth
of their botch job DIY and then it affecting us and leaking in to our property.
What if we wanted to put a new kitchen in or paint it all? To then get it leaked all over.

I mean is there anything we can do here because it’s their negligence mostly?

No idea. Sorry. Just didn’t want to read and run. Hope you get some useful advice from someone with expertise or experience. Good luck.

Who owns the flat above? Are they tenants, or owner-occupiers?

The joys of tenement living. We had similar with a lady upstairs whose washing machine kept leaking. Flooded us out twice. This was years ago but I think the second time, her insurance paid out for our repairs. It is a huge pain in the arse though. Hopefully they'll sell and move on but otherwise your only option is to sell up and buy a property that isn't a flat.

The joys and pain of being a landlord. Your tenant gets the drip, you get the hassle of dealing with insurance and organizing tradespeople. Tenements are notorious for this type of issues.

@curdsandwhey

They are the owner occupiers.

I’m about ready to sell it and use the money to pay off some of out mortgage. The hassle of it all is just too much.

Then I think it’s a shame because I don’t want to make the tenant homeless as she’s really lovely. We make it cheaper than what we could because she’s so good.

As a pp said, it’s going through the insurance etc trying to get workmen to come out at the min is proving difficult too. Then not knowing if the insurance will actually pay for their boiler leak that’s meant we’ve had to take the ceiling down then get fixed again.

Could you ask a lawyer if it’s possible to get an injunction to stop them doing DIY plumbing ?

I’m not sure if it would be worth the money and the probable destruction of your relationship though. Hostile neighbours would be pretty awful.

Perhaps just have a chat with them and ham up the torment it’s caused.

I don't think you can do anything about them can you?

@HollyBollyBooBoo

I think you’re right.... I don’t think we can.

@BusyProcrastinator perhaps something like that would be ideal if there is such a thing

Just seems so unfair that through no fault of our own our property is getting leaked and there doesn’t seem to be a thing we can do about it.

Why is it your insurance that’s paying? Isn’t it their responsibility to pay for damage caused by things like leaks in their property?

Since you’re a landlord, can you also charge them for your time sorting things out?

I would guess that if they actually had to cover the costs of their botched DIY they’d be more inclined to pay for someone skilled to do it.

@BoomBoomsCousin

Sorry I meant hopefully they’re insurance will pay it’s just all taking time as it needs to set out again now out insurance will presumably go through their insurance well I hope so!

Yes you’re absolutely right, they should be paying compensation as it keeps happening. Having to take time if work right let the work men in etc... although the tenant has been really good so far but she shouldn’t be put out and having to use holidays etc.

It’s just so annoying.

If you have insurance on the property with legal cover then contact the helpline and they will help you deal with the neighbour. They can assist with getting the neighbour to stop the nuisance.

With regard to the property as it’s flats is it freehold or leasehold as this will make a difference.

Your insurers will look at liability on the claim but would seek a recovery from the negligent party.

@Clarinet53

Thank you for the advice. I’m not sure if it’s leasehold or freehold actually? would you happen to know what would be best?

There is no freehold or leasehold in Scotland. Contact the factor (agent who manages the building) and see if they can assist. Or raise a small claims action in court for the damage to your property.

Threaten them with your bills for failing to address problems

This isn't a negligence issue, it's a private nuisance issue. Get your solicitor to issue them a letter.

Is the building a tenement? Is there a factor involved in the management who could help negotiate anything?

My old boss had the same happen, only in her case it was the shoddy workmanship of the landlord of the property above her, she's the owner-occupier. And it was the same thing each time, not properly sealing around the bath/shower.

After the third occasion, the insurance company took over and threatened the landlord with legal action to recover the costs of putting it right. It hasn't happened since, so she's assuming he's fixed it properly.