AIBU to be pissed off with landlord

[FortWayne]

I own a flat, a few weeks ago water starting coming through the ceiling in one of the rooms - asked the tenant in the upstairs flat (who I don't know) if he'd noticed anything flooding or anything in his flat that could have caused it, he said no. Leak got worse - water was coming from various places all over the ceiling and there was no way I had enough buckets to stop them all so called an out of hours plumber on the off-chance that it was something to do with my flat. Plumber came round, identified it was coming from upstairs, went and spoke to tenant and discovered it was a big hidden leak in his flat (which to be fair to the guy living there wouldn't have been visible unless he'd started lifting up kickboards etc). Plumber asked tenant to speak to his landlord, landlord was apparently very rude to plumber and refused to pay saying he'd sort it out with me when he was back. I had to pay ££££ for out of hours fee.

Landlord turns up at my door the next week demanding to see the damage, I say (truthfully) there isn't really any damage but I'm considerably out of pocket for the plumber's call out fee and given it was a leak coming from his property, would like him to reimburse me. He stars complaining, going, oh I couldn't just pay some random person who phoned me in the night - I said fair enough but now you've seen evidence of the leak (water stains), the plumber's invoice with the breakdown of what the issue was, I'd like you to pay me back given it was your fault the leak happened. He tells me to send it to him and he'll follow up. I appreciate it's an unexpected cost for him but for all I knew the ceiling could have been about to cave in - there was water coming from all over.

I've heard nothing, it's been a month, I've chased several times but no response. He doesn't live in the UK and I assume any mail I send to the flat will just get ignored, and the person living there (understandably) doesn't want to get involved. The management company of the block are refusing to get involved too - won't give me an email address or phone number.

Any suggestions to get him to pay me the money I'm now short because of a problem with his flat?

Small claims crt for the plumbers costs and contact your insurance company about the leak aswell. Although the leak has been stopped and your ceiling is drying out you dont know what damage was done to the electrics or the rafters etc.

Write to the tenant, ask them to provide you with landlords address (should be on the tenancy agreement) or the details of the landlords letting agent. Say that in the absence of these details you will have no alternative but to pursue him (tenant) for your costs. That should encourage action. In communicating with owner ask for proof the source of leak has been located and rectified

Tbf I can see it from the LL point of view you should of contacted him to sort the problem

instead you’ve instructed your own plumber to work on his property and then just presented him with the bill

The tenant was neither answering the door nor picking up the phone at this point (this wasn't late late at night) - water was pouring through my ceiling; I don't know how else I could have contacted the landlord given I didn't have his contact details. I didn't 'instruct' the plumber to do anything - the tenant answered the door (presumably because he heard a male voice), let him in and let him look for the leak and stop it. He didn't do any work beyond that, there was no damage (bar what the leak had already caused) to their flat. Was I supposed to just wait until my electrics blew and my flat flooded?

This is a bit of a ridiculous statement. The OP had a huge leak which could have caused substantial damage to her property and electrics which would’ve also effected the rest of the building but you are suggesting they should've left it until they finally managed to get hold of the landlord who actually lives abroad?

I would have done exactly the same as the OP and I’m sure the insurance company would have questioned why they didn’t act immediately also if it was left.

Not ridiculous at all
the plumber carried out unauthorised work in someone else’s flat he should of just gone up and told the tenant to turn his water off to stop any further damage and call his LL to sort it

I think hink you need to claim on your insurance and they can then pursue their bill against the other landlords insurance. I think when you tell him that's the approach you are taking he may well discuss a settlement.

You waited weeks to address a leak with water dripping through your ceiling, and your concern was that you didn't have enough buckets???!!!

Your first port of call should have been your insurance and the building management company if you have one, that's what they are here for!
Also you have no clue what the damage is until someone assess your ceiling properly, don't be surprised if it ends up falling into your flat someday...

as a LL I would have wanted you to do what you did and contain almost certain horrendous damage. In those moments you don't wait for permission. What I'm not now sure of is what your next step is. Certainly I would have paid you back

No - the leak happened a few weeks ago and was resolved the same day. It's been a few weeks since it happened which is now why I'm a bit miffed about not getting the money back.

Thanks very much for the replies - I've had an unenlightening conversation with my insurance company who indicated they're unlikely to pay out because the problem didn't originate within my flat, but I'll push them a bit and see if I can get anywhere with that.

You will not win this case in court. Its not reasonable to expect the person above to pay for a plumber you called as annoying as that is. The plumber issues the invoice to the person who called them out. The owner of the property above is responsible for fixing the leak now hes aware of it and any damage to your property would be reported to your insurance that you all contribute towards which is usually arranged by the managing agent for your building. Most of this info will also be in the terms of your lease or freehold pack.