[Help] Help please - Ellmans

[GAZTASTIC]

My daughter bought her first property a year ago, a ground floor flat in Brighton for which she pays a very high rate of maintenance charge. There is a maisonette flat above which is occupied by a tenant of BHCC.

We are now in the third week of water pouring into her flat from the flat above which is extensively damaging her bathroom . She of course reported this to the managing agents, Ellmans, as well as the woman above. One response from Ellmans on 4th April was to hold tight as a plumber was scheduled to visit on 18th April, although as of yesterday it appears it is a central heating engineer (!) who is visiting. Ellmans say they cannot enter the flat above without permission, which does not appear to be forthcoming. My daughter contacted BHCC, Temporary Accomodation repairs, and a workman turned up with a caretakers key, inspected the flat and reported a leak from an inlet pipe which needed a plumber. This was reported to Ellmans who now state that a surveyor will be sent to inspect the roof (yes seriously), which will no doubt be recharged through the maintenance charge.

Two questions:-

1) What reasonable action can be taken where access is necessary to the flat above?
2) Is there anything Ellmans should be doing? Who can they be reported to for being completely and utterly useless when they have bothered to respond?

In the meanwhile water is getting ever closer to the electrics/lights. We value our daughter's wellbeing.

 

[Herr Tubthumper]

My daughter bought her first property a year ago, a ground floor flat in Brighton for which she pays a very high rate of maintenance charge. There is a maisonette flat above which is occupied by a tenant of BHCC.

We are now in the third week of water pouring into her flat from the flat above which is extensively damaging her bathroom . She of course reported this to the managing agents, Ellmans, as well as the woman above. One response from Ellmans on 4th April was to hold tight as a plumber was scheduled to visit on 18th April, although as of yesterday it appears it is a central heating engineer (!) who is visiting. Ellmans say they cannot enter the flat above without permission, which does not appear to be forthcoming. My daughter contacted BHCC, Temporary Accomodation repairs, and a workman turned up with a caretakers key, inspected the flat and reported a leak from an inlet pipe which needed a plumber. This was reported to Ellmans who now state that a surveyor will be sent to inspect the roof (yes seriously), which will no doubt be recharged through the maintenance charge.

Two questions:-

1) What reasonable action can be taken where access is necessary to the flat above?
2) Is there anything Ellmans should be doing? Who can they be reported to for being completely and utterly useless when they have bothered to respond?

In the meanwhile water is getting ever closer to the electrics/lights. We value our daughter's wellbeing.

From personal experience of similar issues there is a limit to what Ellmans can do. They manage the freehold and the maintenance of the building in the broader sense. There is a line where their responsibility stops and the leaseholder’s takes over. If the leak is, say an outside pipe it will be their responsibility. If it’s an internal pipe, say under the neighbours bath, I believe it’s the neighbour who is at fault. Where is the inlet pipe you mention? And is the leasehold owned by BBHC or they just provide a tenant? I’d chase up the leaseholder whoever this is.

As for action I presume your daughter is insured? When the issue has ceased should take care of redecorating and will most likely go after the leaseholder of the neighbour to recoup their costs. I’m not sure what you can do in the meantime aside from pursue the nighbour and the the leaseholder.

Good luck.

 

[GAZTASTIC]

Thanks for replying. It is what I was expecting, but did not want to leave any stone unturned as you can imagine the effect on my daughter of seeing a completely renovated flat trashed.

The inlet pipe is internal, in the bathroom/kitchen area of the flat above. Unfortunately the neighbour reports other causes for the leak (ie the roof) whenever she is contacted. All we know is she has been placed there as by BHCC temporary accomodation, although she has been there ever since my daughter moved in and had building work carried out 3/4 months ago.

 

[beorhthelm]

I would try to talk to the agents involved about the risk to life if the leak continues. unfortunate side affect of insurance is that it can absolve responsibility, so need to highlight potential negligence from a slow response. they should fix the issue swiftly then work out who need to pay (which insurer) later, not fanny about.

odd that if it were gas, you'd be allowed to kick the door in and stop the leak, with water theres not so much priority when it can be just as dangerous. is there gas at the property, can you smell gas...?

 

[GAZTASTIC]

The health and safety side effect has been pointed out several times to the agents but as with all other communications from our side, it draws a blank.

Mmmm, might go round again to see if there is a smell of gas.

 

[Herr Tubthumper]

Thanks for replying. It is what I was expecting, but did not want to leave any stone unturned as you can imagine the effect on my daughter of seeing a completely renovated flat trashed.

The inlet pipe is internal, in the bathroom/kitchen area of the flat above. Unfortunately the neighbour reports other causes for the leak (ie the roof) whenever she is contacted. All we know is she has been placed there as by BHCC temporary accomodation, although she has been there ever since my daughter moved in and had building work carried out 3/4 months ago.

It seems like the responsibility is with the leaseholder upstairs then. I’d find out who this is, this should be easy. If it’s a private landlord there’s a chance they don’t know about this. And if they’re private there’s also a very good chance they will want this fixed as well.

 

[pearl]

My daughter bought her first property a year ago, a ground floor flat in Brighton for which she pays a very high rate of maintenance charge. There is a maisonette flat above which is occupied by a tenant of BHCC.

We are now in the third week of water pouring into her flat from the flat above which is extensively damaging her bathroom . She of course reported this to the managing agents, Ellmans, as well as the woman above. One response from Ellmans on 4th April was to hold tight as a plumber was scheduled to visit on 18th April, although as of yesterday it appears it is a central heating engineer (!) who is visiting. Ellmans say they cannot enter the flat above without permission, which does not appear to be forthcoming. My daughter contacted BHCC, Temporary Accomodation repairs, and a workman turned up with a caretakers key, inspected the flat and reported a leak from an inlet pipe which needed a plumber. This was reported to Ellmans who now state that a surveyor will be sent to inspect the roof (yes seriously), which will no doubt be recharged through the maintenance charge.

Two questions:-

1) What reasonable action can be taken where access is necessary to the flat above?
2) Is there anything Ellmans should be doing? Who can they be reported to for being completely and utterly useless when they have bothered to respond?

In the meanwhile water is getting ever closer to the electrics/lights. We value our daughter's wellbeing.

That is appalling. As already said, your daughter needs to find out who the leaseholder is. They can find this from HM Land Registry. If there is a mortgage I'd be tempted to contact them too. Is there just the two flats in the building?

 

[pearl]

Another thought, does your daughter know who deals with the building insurance? Mine has clauses regarding tenants

best wishes

 

[GAZTASTIC]

That is appalling. As already said, your daughter needs to find out who the leaseholder is. They can find this from HM Land Registry. If there is a mortgage I'd be tempted to contact them too. Is there just the two flats in the building?

Yes just two flats in the building. We'll have a look through daughters paperwork to see if that throws anything up, otherwise I'll do a search.

 

[GAZTASTIC]

Another thought, does your daughter know who deals with the building insurance? Mine has clauses regarding tenants

best wishes

Ellmans have arranged the property insurance with Zurich, although I now see that having asked Ellmans for a copy of the policy they have merely sent the certificate of cover so I cannot check your comment re tenants.

 

[pearl]

https://www.lease-advice.org/

I have used this organisation for advice in the past

 

[GAZTASTIC]

https://www.lease-advice.org/

I have used this organisation for advice in the past

Many thanks, I'll have a good look at that.

 

[Live by the sea]

I personally would walk into Ellmans office which is in Church Road. You might get a better service face to face.

 

[Official Old Man]

I personally would walk into Ellmans office which is in Church Road, with a bucket of water.

See how they like it.

 

[LamieRobertson]

I personally would walk into Ellmans office which is in Church Road. You might get a better service face to face.

I agree ....i'm assuming she has contents insurance....have some of her possessions been damaged? ...Might be worth contacting her insurers..one to start the ball rolling re a claim but perhaps more importantly advice.

I think it is shocking that Ellmans said it was 2 weeks before a plumber could visit

 

[BN9 BHA]

I think it is shocking that Ellmans said it was 2 weeks before a plumber could visit

Plumbers
You can never get one when you need one.

 

[GAZTASTIC]

See how they like it.

 

[GAZTASTIC]

I agree ....i'm assuming she has contents insurance....have some of her possessions been damaged? ...Might be worth contacting her insurers..one to start the ball rolling re a claim but perhaps more importantly advice.

I think it is shocking that Ellmans said it was 2 weeks before a plumber could visit

Very little damage to her possessions. She could ring the property insurers as I'm sure they would like to restrict their liability.
I think Ellmans were fed the 2 week scenario by the neighbour upstairs and now it turns out it is a heating engineer coming to look at her central heating.

 

[Henfield One]

In all my dealings with Ellmans, they have been excellent - Clive Perry and his team are very responsive and keen to help in my experience. We have had Ellmans as Managing Agents and never ever had a problem with their service. Give Clive or Hannah a call direct.

 

[arewethereyet?]

In all my dealings with Ellmans, they have been excellent - Clive Perry and his team are very responsive and keen to help in my experience. We have had Ellmans as Managing Agents and never ever had a problem with their service. Give Clive or Hannah a call direct.

You are one of the lucky ones, in mine and my landlords experience they were inept and extremely slow to respond to issues to the point that my landlord dispensed with their services.