Possible water leak from an upstairs flat

[bigredtractor]

Hi – I’m looking for some advice with a possible water leak from the flat above ours.

We noticed staining on our box room ceiling in July this year – brown water marks that follow the rectangular pattern of floorboards / plasterboard joins, plus round the top of our wall / ceiling join.

Our box room is directly below the kitchen of upstairs – I e-mailed the owner at the time (July / August). The flat was for sale & empty and he was mortified, apologetic, promised to get it looked at, fixed etc.
He stated that he had no insurance because it was empty but said he’d get the floor lifted by a joiner to check the pipes & joins etc. and to dry out. Nothing happened – we painted over the staining (we took pics) but it’s still very visible.

Last weekend we noticed fresh stains, plus the overflow pipe is now leaking onto the pavement at the front of the building (also from the flat above) so got in touch again. We had heard movement upstairs that weekend so wondered if some work was being done.

It transpires that the flat was sold three weeks ago and the old owner is basically saying it’s not his problem anymore, but has admitted that a tradesman never came to take a look in July / August when we first brought it to his attention. He’s suggesting that we should contact the new owner to ask him to investigate.

This is all captured on an e-mail trail so I’ve forwarded the lot to the new owner, apologising for dumping it on him, especially since we haven’t even met him yet, and asking him what he will do.

I’m worried that there’s a leak that’s undetected somewhere that could be doing damage – I’m not so bothered by the staining, cause that’s easily fix-able. I’m bothered in case the ceiling collapses, if water has been leaking since July and was never investigated. I also think the old owner’s attitude stinks – we brought this to his attention way before the flat was sold or even viewed by the new owner.

Can anyone give me advice on where the responsibility actually lies?

new owner if the sale has completed. Old owner is lucky he has sold up, no insurance was stupid.

new owner does battle with old owner, although it is a waste of time.

Its the new owner's legal responsibility. He could choose to pursue the old owner for costs unless the leak was disclosed maybe? But that's his problem, although it would be neighbourly to let him know you have an email trail.

Is there a management company to contact?

If you've just painted over a water stain that won't be enough. The stain will always show through. You need to apply a barrier paint first (like gloss, or you can get special anti-damp paint). It may well be that there's been one leak, and the new staining is from the old leak not a new one.

Thanks everyone there's no management company. Ultimately I just want it checked out by someone and fixed. We're in Scotland and all own our individual flats - based on the old feudal system. Jointly responsible for common areas e.g. shated front door, roof.

It seems unfair to land a pre-existing issue with the new owner, but at least I know I can ask him to investigate / fix it with confidence that it's his responsibility.

Shame, especially since we've not even met him yet - ho hum!