UK Landlord Forum / Life

Hi all,

I seem to have run into an annoying issue with a Managing Agent and their Insurance Department. I purchased my recently redecorated Ground Floor flat (red flag...) and between the initial viewing and completion was around 4 months. Well guess who's turned up to a flat with clear damp from the upstairs flat? After a conversation with the estate agent, they passed the buck to the seller who stated that the upstairs flat did themselves file an insurance claim last year in regards to damp and it was all settled.

It was, in fact, the insurance company who redecorated the flat in full to remedy any damage. However, the Managing Agent (Trinity Estates) is denying they're aware of any claim. I've been going back & forth by email for a while now and no progress seems to be being made and no response from the upstairs flat. I turn up and they're never at home and the number provided by the seller isn't soliciting a response either.

It would be odd for the insurer of the upstairs property to remedy flood damage in the flat downstairs, simply because they'd normally refuse to admit liability (quite rightly), and if the management company didn't get involved there's no reason for them to have known about any damage. So I think you're worrying about something that seems odd, but probably doesn't help solve today's problem.

If there's damp coming into your flat from upstairs, you need to make them aware of the problem and talk to the managing agent about access to repair the issue if they don't respond in a timely manner.

I get the impression we have a few people skirting their responsibilities here. I've pushed the seller to give me all the evidence from the claim and it was, in fact, his claim from 2022. No idea whether they bothered to actually fix the leak upstairs or just decided to spend a lot of money redecorating to sell. Now I guess the question is a) whether the Managing Company can force entry to take a look at the leak as the flay upstairs isn't responding b) whether they can force a repair and bill them the excess as it'll continue to damage the ceiling of my flat.

I'd talk to a solicitor, because a strong letter warning of a claim in negligence might have some effect. To either the flat upstairs or the management company, or both.