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Leak

7 replies

Shinji78 · 15/09/2021 11:41

Hi everyone

I have been dealing with a leak that ony affects 2 properties on a modern 4 stories flat. Sadly, the other owner seems to not to worry as much as I do. For over 6 months I have been chasing the factor to get the leak repaired.
6 months of a continous stream of water coming down the wall from the upper floor when it rains, replacing towels and getting embarrased every time I have a visit.

I eventually got tired of the lack of action from the factor and raised a formal complaint. They reacted and sent a surveyor with some repairs and recomendations, but that is all. I keep insisting asking for progress, but they either ignore my emails or reply with false timelines.

I am now in a situation I am considering hiring a lawyer, but before that I want to make sure if it's worth it. Maybe I am overreacting due of being angry. Maybe all factors are the same.

Has anyone been in a simmilar situation?
I don't want to start a legal war against the factor if it happens to be I am wrong because, although extremely slowly, they have taken action by answering my emails from time to time or sending the surveyor.

Any advise?

Thank you

OP posts:
PigletJohn · 15/09/2021 12:27

I think the lawyer would be a good option. it will be helpful if you have a report by a Chartered Surveyor, if the other occupier denies responsibility.

You home insurance policy may also include cover

I think you are in Scotland.

I don't know if an unrepaired water leak is a Statutory Nuisance in Scotland. It is in England. if so, your if your local council may have powers to enforce a repair.

Shinji78 · 15/09/2021 12:41

Thanks for your answer.
The other owner is also affected, not responsible. Sadly, only me is chasing the factor. If the other owner was more proactive, we would put much pressure on the factor to get things repaired sooner.

My home insurance only repairs the damage caused by the leak, not the leak itself. They are also waiting for the leak to be repaired.

I am in Scotland and as I understand, the factor is responsible to perform the appropiate repairs (otherwise they'd just told me).
My local council has a system to report unattended complaints and find a solution, but they say 'unattended' complaints.
Mine is being attended although at an extremely slow pace

OP posts:
PigletJohn · 15/09/2021 12:59

your home insurers should have an interest in limiting the amount of damage caused by the ongoing leak. So they should care about getting it fixed before the damage gets worse. Try that approach.

IME, a written letter, sent by post, is less easily brushed off than a phone to the call centre.

Shinji78 · 17/09/2021 10:48

Thanks for your answer.

My question was also aiming to know if it is normal a factor getting so long to take action or if being radio silent to homeowners emails is the usual thing.
This is the first time I am dealing with a factor and I don't know how do they work, but I am already thinking I have had bad luck with mine

OP posts:
PigletJohn · 17/09/2021 14:54

sorry, don't know.

Shinji78 · 19/09/2021 18:57

Ok thank you.
Anyone else?

OP posts:
PigletJohn · 19/09/2021 23:52

I think if you start a thread titled "Edinburgh* Factor slow in dealing with defects"

it will attract people with the right knowledge.

*or other place as appropriate

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