Leak coming from tenanted flat above into my tenanted flat and causing damage. Started 10 days ago.
I called emergency plumber as soon as my tenant alerted me 9 days ago because, when I rang the managing agent of flat above, I could get no reply (Saturday afternoon, but within their stated hours of business). Tenant of flat above was more interested in leaving to attend a party, and so left my tenant to deal with it on her own. He left his flat open for her to let plumber in.
Managing agent of flat above got their own plumber out last Thursday, but have delayed fixing it because they say it is a big job and they need owner’s authority to incur the charges, and they have not got hold of owner.
Today I inspected my flat and see that ceiling damage has worsened and floor has buckled. I have insisted they fix leak asap. They say they are trying to get hold of owner today.
Who is liable for damage to my flat and plumber please?
Managing agent of flat above says I can claim on that flat owner’s policy.
Managing agent of the block says I can claim on their policy but I will have to pay the excess.