Apartment above leaking - no action - suggestions

Hmm_Messiah

the apartment above leaked into mine last May 2006 ! and the damage has not beensorted. THe Landlord above asked was I sure it was not my place leaking ! - i mean ground floor leaking upwards! - all that happened is it eventually stopped .

Now thereis a leak again, and apparently into the partition walls, you can hear drips late at night , and the walls and ceiling are water stained. more indicative is a print on the wall warped in its frame when we took it off its covered in fungus/mildew on the back as is the wall

I asked the mgment agency and they said it was covered but he now has not asked 14 emails - except when I sent them all by registered post. There is no word from the landlord above


The management agent did send me a claim for for the insurance but for cost of repairs - which I've not made wanting evidience of the damage until confirmed I'll be re-imbursed .

Has any one any ideas /experience of same ?

should I go through a solicitor?
Is the Homebond scheme relevant?
I've heard suggestions that its the landlord above who I should claim against - but looking at I it seems to fit very much within the block insurance policy (i.e. the ceiling/floor is shared - common )
COuld I hire an independent assessor , get a report then the work fixed ?

I understand water staining and damage really meands the partitions/ceiling would have to be replaced, and also the skirting and carpets in one room ( the floors are concrete so the water eventually runs along it

I would genuinely appreciate some assistance /suggestions - I want to get this sorted finally

I've attached some pics

The_Conductor

That is fungal mould in the picture. For your own sake it has to get sorted- it isn't safe living fungal mould.

There is no guarantee that the damage is covered under homebond, or indeed under the block guarantee of the complex- its entirely possible that the landlord above may have gotten a cheapo plumber in to do some sort of a job that leaked. You simply do not know.

I would advise that you send a solicitors letter to the management company- if the problem is the fault of the guy overhead- ultimately it is the Management Companies duty to rectify the problem and chase the landlord for reparation.

Keep track of all the letters sent, and all costs incurred by you- you are entitled to a refund from the Management Company.

s.

Jo King

Hire an insurance loss assessor to make a claim against the block insurance policy. A loss assessor is not to be confused wit a loss adjuster appointed by the insurance company. The loss assessor will charge about 10% of the settlement figure. It will be up to the insurance company to pursue the landlord upstairs if they are so minded.If you are in the Dublin area PM me an I will supply the names of some assessors.

Hmm_Messiah

thanks for the advice
I'm in Kilkenny

I was disappointed because originally the MD of mgment agency ensured me it was covered and was "outraged" that the previous agents had taken no action

I have details of the owner of the upstairs apartment ( by becoming a director of the company )

I need I guess to locate a loss assessor ASAP - I am anxious though that his charges would also be covered so I don't end up out of pocket over something so out of my control ?

Jo King

Hmm_Messiah wrote: »

thanks for the advice
I'm in Kilkenny

I was disappointed because originally the MD of mgment agency ensured me it was covered and was "outraged" that the previous agents had taken no action

I have details of the owner of the upstairs apartment ( by becoming a director of the company )

I need I guess to locate a loss assessor ASAP - I am anxious though that his charges would also be covered so I don't end up out of pocket over something so out of my control ?

The assessors charges won't be covered officially. Usually the settlement achieved will make up for it.

Hmm_Messiah

finding an assessor in kilkenny is proving difficult

maybe i'm looking up wrong term in golden pages etc

did find four on some house building website but only allows you email them through te webpage, which i did , but no replies back as yet anyways

The_Conductor

If you contact your insurance company- normally they have a list of accessors in all areas that they use themselves. They should be in a position to give you a few names (they probably wouldn't recommend one over another though).

S.

pow wow

A similar thing happened to me a few years ago, but the management company were very helpful.

Basically they wrote to the owner of the flat upstairs saying he had x amount of time to fix the leak (the tenants had put their foot through a fibreglass bath, made a huge hole, and were still taking daily baths in it!) after which time they would force entry with their own plumbers and fix the leak themselves, charging the landlord for the service. Ultimately that's what they did and the damage was fully covered under the buildings insurance. I must stress that our leases essentially gave all power up to the management company, hence them being able to force entry to someone's property.

Does the same landlord own all the properties? And do you mean management company or letting agency?

Hmm_Messiah

we removed the builders as directors of the management company during summer, a new management agency are paid, the MD of same confirmed verbally that it was obviously something covered by the insurance

but after that, 15 emails no response until I registered the correspondence then a 1 line answer.

I'm a director of the management company .


This is now going on a year, let alone the health considerations as mentioned by other posters.

I do have this claim form from the insurers - could I get an assessment and the get the remedial work done or should I get the claim accepted first.

I have details of the owner above but have them as a director, I don't want to get involved in some dispute re data protection etc

kmick

This is going to get very messy.

First off I would get an assessor immediately. Get him to take photos of all the damage.

Secondly I would get a Health Professional to write a signed letter outlining the dangers of living in an apt with mould in it. Keep this safe.
http://www.envirochex.com/Mold/Mold_Health.htm

Thirdly resign form the Board of Directors on the basis of a conflict of interest keeping the name and address of the landlord safe.

Fourthly get a solicitor. With the photos from the assesor and the letter from the health professional get your solicitor to send letters to both the management company and the owner. Threaten to sue them both on the grounds of whatever the solitor recommends. Damage to your amenity, health grounds, health and safety, criminal damage and throw in a few more just to keep them on their toes.

Inform both the management and the the owner that if the damage is not fixed within 4 weeks you will be forced to move out and claim back from them for the cost as advised by your Health professional.

The only way to deal with this is go on the offensive. It will involve spending money on a solicitors, doctors, assesors etc. If you think this wil be resolved without professional pressure you may be hearing the drips this time next year.

eth0_

If I were you i'd just move out. Is it worth the hassle taking legal action against your jerk of a landlord?

btw it will help somewhat if you wipe off that mould using bleach - just be careful to wash out the cloth you use frequently with boiling water, so you don't spread the fungal spores. It's not a solution but it will make your living environment a little healthier.

kmick

My mail assumes you own the apartment. If you just rent then as the previous poster said move out.

The_Conductor

As a Director of the Management Company, the OP must first be a member of the Management Company- which by definition means he is an owner.

S.

Hmm_Messiah

eth0_ wrote: »

btw it will help somewhat if you wipe off that mould using bleach - just be careful to wash out the cloth you use frequently with boiling water, so you don't spread the fungal spores. It's not a solution but it will make your living environment a little healthier.

I didn't do that because I wanted the other landlord etc to see the damage . And yes I am an owner.

Guess I'm going to have to find a solicitor - not sure i can afford all this, but it is crazy - originally I wanted the Management Company to sort as they were still on site with the next phase of development so I'd of been happy for them to simply reseal and replace the plaster/partitions etc

I still need to find an assessor.

Thanks for the help so far. i did wonder if I got some builder to give a quote and attach to this form (attached ) - but I am guessing an assessor is a better option to cover all damage ?

Hmm_Messiah

I've located 1 assessor in Kilkenny - rang them they only work for the insurance company


Maybe some one would know a group that works from Dublin but through the country ?

I would appreciate any help - this is wearing me down

Jo King

Contact NJ Carroll & Associates, Loss Assessors. Harolds Cross, 01-4979432. They may be able to help. Insurance companies do not use Loss Assessors. They use Loss adjusters. They hate Loss Assessors in fact

Hmm_Messiah

thanks Jo King

I've rang and the girl is checking if they might go this far down, or if not she hopes to get a number for me

movement at last (I hope)

appreciated