Neighbours Refuse To Contact Their Insurers

[Anoif]

My daughter rents a shop and there is one flat above it, which is owned by the occupiers. She moved into the shop at approximately the same time as the neighbours bought their flat, and she was made aware at the time of an historic issue with water ingress from the flat above, but was assured it had been resolved. She signed the lease and had just finished decorating and was preparing to open when water started to drip down the walls from the bathroom of the upstairs flat.

To say the neighbours are hard to deal with is a massive understatement, they have after much persuasion (lawyers involvement which my daughter had to instigate) called in a plumber, who allegedly resolved the issue..... But the leak started up again recently. Having called out their plumber, the neighbours say that he can find no fault.

All of the advice that my daughter has been given is that she must tell the neighbours to get in touch with their insurers who will send out their own plumber, but the neighbours are refusing.

So my question is, does anyone know what you do when everyone is telling you that the only thing you can do is to get your neighbour to call out their insurers, but your neighbours refuse?

[enaid]

Re: Neighbours Refuse To Contact Their Insurers

If your daughter rents the shop then the problem should be on the shoulders of her Landlord. It may well be the flat above is uninsured and that would be why they are refusing to contact them.
Has your daughter been in touch with her own insurers ?
They maybe able to help and get in touch with the neighbours insurers if they exist and get this sorted.
This could also be a problem that is no ones actual fault and may have to be solved by a joint agreement.

[des8]

Re: Neighbours Refuse To Contact Their Insurers

If all else fails, or you want to go by the quick route, you may find it useful to report the matter to your water supplier.

Under the Water Supply (Water fittings) Regulations 1999 section 3 (2) a person may not use a water fitting in a manner that causes waste.

Contravention of that provision renders a person guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Enforcement is down to your water undertaker, and if he fails in his duty the water regulator.

[MissFM]

Re: Neighbours Refuse To Contact Their Insurers

Enforcement is down to your water undertaker, and if he fails in his duty the water regulator.

:shocked: gosh...you certainly do live and learn!:hail:

I suppose the nuclear option, if even the above intriguing route fails, would be for your daughter to tot up her losses and send a LBA with a view to taking them to the small claims court. It might galvanize them into effective action and if not your daughter needs a financial remedy.... :confused2: