My daughter lives in a downstairs flat - the person upstairs has a problem with a water tank that regularly overflows and soaks my daughter's outside wall. The person upstairs is being very difficult about getting it fixed - is it illegal to allow a problem on your property to damage someone else's? I would be so grateful for some advice, thank you.
I don't know how it works in England, but we had a problem with a person refusing to contribute to urgent roof repairs in a building where we owned a flat. Not quite the same thing, but the local council took over the repairs and billed all the owners, taking the person to court, who refused to co-operate. I wonder if the buildong dept in your local council could offer advice.
When I bought my (downstairs) flat, part of the condition of sale was that I took out insurance against anything upstairs causing damage to my flat - I'm sorry, I can't remember what type of policy it was, but worth getting; you could contact e.g.Direct Line.
We recently had a similar problem in my mother-in-laws flat which was rented out so the problem was not picked up by the agents when it should have been. the leek was on an inside wall. It has taken months to sort out the mould and damp which has accumulated. Get it sorted soon because it was not a pleasant task and it doesn't take long for things like this to get worse. Try Health and Safety with local council or Environmental department perhaps.
In Scotland, Councils can issue compulsory repair notices, if repairs are necessary to keep the fabric of the building safe and to a required standard. If the outside wall is continually being soaked, the fabric of the building will become damaged.
This is what happened to us. We eventually had water ingress and consequently dampness in the flat.