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Leakage and damage from neighbour's flat


15-Mar-2023 (In Civil Law)
The flat above ours has a leakage in the bathroom which is damaging our bathroom and bedroom, The owners are not ready to break the bathroom and repair it. They live abroad and have leased out the flat and are now saying they can't do anything. Even when they were here they didn't fix the problem. what legal action can I take against them to force them to repair the bathroom?
Answers (2)

Answer #1
616 votes
Respected


As you aware that there may be flat owners association. Made a reprasentation to the said accociation and sought for repire with photos and video clips along with a copy of the same to above flat owners.

If they failed to proceed or failed to take action against the said nuisance, you have right to approch the civil court against the owners as well as the above flat onwers to protect your flats.

For first please do reprasentaion to the flat owners asaociation.
People also ask

Who is responsible for internal leakage in flat?

In the old Byelaws, it was stated that both internal and external leakages of the premises were the responsibility of the society. In the new Byelaws, it is stated that the internal leakage of the premises will be the responsibility for the member.

How do I complain about water leakage from above flat?

6. You can also file a complaint with the police if necessary. This is especially true if you suspect negligence or intentional damage. 7. You may have to go to court if all else fails.

Who is responsible for water seepage?

According to the Building Maintenance and Strata Management Act, administered by the Strata Titles Board, the owner of the unit immediately above the leakage is presumed responsible for it unless the opposite can be proven.

Who is responsible for a leak from an upstairs flat?

In these cases, your landlord will be responsible for the repair of any damage. This is because a clause in your tenancy contract states that you are responsible for maintaining certain things. This includes maintaining the walls, ceilings, and plasterwork of your home.

  
Answer #2
922 votes
File a suit for injunction before the court restraining owner above your flat from using bathroom and also directing them to repair the bathroom through order of court... Firstly send legal notice to them

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