To retaliate against my neighbours

[Hocuspoc]

We have a leak in my child's bedroom and the source is a very old bathroom in the flat above, no tiles on the floor, no appropriate insulation etc...
We all share freehold in this building but they just refuse to fix things properly. To be specific - they pretend they are forthcoming and 'react' immediately but their fixes are in fact patches and the water just finds another way to come to the lowest point below their bathroom.
Now, I understand that redoing a bathroom is currently extortionate in terms of costs, and that they simply may not have money to tile and insulate it properly (although they don't say that they just keep pretending they fixed it properly 'this time around').
We have repainted the ceiling 3 times in the past 9 months - and yet again the wet patch and separation of the plaster boards is emerging :(((

At this point all I can think of is being petty and essentially start to retaliate against their property - I have a couple of ideas but I am aware that would be really petty childish etc...

I’d claim on your insurance. Your insurers will make sure the neighbour’s insurers pay up.

This assumes the neighbours have insurance.

Dont give them the satisfaction.

Have a good look at the lease and enforce the conditions - are you the only leaseholders?

We all own a share of freehold. We have building insurance. But no building insurance covers for a bathroom that is simply old and not maintained. Afaik

Well retaliation would be criminal damage as opposed to negligence…

The whole building will have joint insurance which each leaseholder will contribute to.

Not sure why the OP hadn’t claimed previously. I’ve had a leak from the flat above twice (two different locations). They paid, not me.

Repeated water leaks may eventually damage the structure (rotting joists etc) so I would think this was a matter for the freeholders collectively and/or building insurance. No-one will ne happy if a floor gives way (not suggesting this is about to happen, but it's a lot easier and cheaper to fix in now rather than later when rot has literally set in.)

They don't seem to understand this.

Are you and the flat upstairs the only freeholders or are there others?

I am not sure what do you mean?
I can not send the contractors up to the neighbours' flat. (Regardless who pays) - they have to do that and ensure this is proper contactor that will fix the issue. And they keep dodging that. They call random cheap handymen - we are yet to see a plumber coming to check this out :((

Why is there a leak? Are you saying it's a shower that's not properly watertight or a wet room, or just splashing water on the floor? If it's a real leak it will be an overflowing drain or a leaking pipe or something, no amount or re-tiling or insulation would stop it. Have they had a plumber look at it, if not tell them they need to get a plumber to find the cause of the leak and fix it properly or you will start charging them for repairs to your ceiling, take pictures as evidence and give them a bill.

Not strictly true, when we moved into our house we had a big leak in the bathroom which was due to the previous owners bodged DIY. Our insurance paid out in full.

How many of you in the block? Presumably you have a management committee? Do you manage everything yourselves or use a management company?

I live in a small block and it’s an absolute ball-ache as there’s always someone who doesn’t maintain their property and doesn’t want to pay for work to be done properly.

The freeholders need to discuss this collectively and instruct the offending flat to resolve this asap. You must have joint buildings insurance but insurance won’t pay out anyway if damage is caused by a failure to do maintenance. Stress to the other freeholders that the continual damp from this issue will potentially be causing damp throughout the building which will be a much bigger problem if it’s not dealt with.

Can you get legal advice? You might have free legal expenses cover on your own home insurance.
I would also inform your insurer. Actually I think you might be in trouble if you don’t inform them so it is essential.
Then hopefully your insurer and/or legal expenses cover will help you sort this out.
Plus there is always the small claims court for the costs you have incurred to date redecorating.

No there was no plumber up there yet believe it or not :(
And how can I possibly charge them - ofcourse they know we repainted a few times already (and changed one plaster board as well once!!). They just keep saying oh no Tim said this will he fine now. Next time John said the leak is definitely resolved - oh no. They just play dumb. I can not stop them on the street and mug them to claim my money back!!

No, but it will cover repairs for damage done by a property that is not your own, regardless of why it's damaged. Your insurance fixes your issue. Your insurer tries to claim the cost off the guilty party.

There are 2 more.

It's shared freehold though, so no leaseholders necessarily, or joint insurance. Or at least, no specific requirement for adequate insurance.

Basically

1. You need proper advice
2. The lease will impose various conditions on the leaseholders
3. It will also lay out what happens in the event of a default

This looks like the obvious starting point

https://www.lease-advice.org/

Yes it would be, but how I see it - what they are doing also must be against some law.
And I was not thinking to go and smash their windows - I'd do things that are essentially the same, damage by negligence. E.g. not being careful when moving a parcel in the common hallway that says 'fragile' on it - I simply wouldn't notice it. There are plenty of other options to be 'negligent'. We can all play and hide behind negligence I guess. Although I'd rather have us all be respectful and responsible neighbours...

Seek legal advice via your insurers or other ways.

You need to claim for the damage done to your ceiling - speak to the insurer. That would then bring a workman in who would investigate the problem.

Write to them saying you believe you have been very reasonable about the fact that no long term solution has been found by them for the leaks their property is causing in yours. Explain that because of the financial implications of you having to repeatedly paint (and whatever else you’ve had to do) you’re going to have to seek legal advice if no solution is found promptly (give a timescale). This gives them the best opportunity to address things before your hand is forced to take more serious action. I’d also find some information about possible implications for the structure of the building and share this with all the other residents, in the hope that this puts more pressure on your neighbours to act.

Edited to add I’d also tell your neighbours your building insurance is likely to be invalid if something happens structurally as a result of your neighbours not maintaining their bathroom.

Claim on your house insurance

There's a great deal of good advice on this thread OP. Most pertinent, you must contact your insurer. They can help you address this with your neighbour - this isn't a "nothing to be done" situation.

If your neighbour was repeatedly driving his car into yours causing damage, you'd contact your insurance company (and the police obviously but the comparison stands as that's who'd sort the damage out).