Floody hell
Question
My upstairs neighbour, who rents his flat, has flooded my kitchen 12 times in less than two years. I know there is no malice on his part and I think his forgetfulness is caused by mental health issues. We can't get our collapsed ceiling repaired until the flooding stops. What are our legal rights? He has no money so suing him will be a waste of time.
Answer
I can appreciate this is a delicate situation. Firstly, you should try negotiation with your neighbour. If you don't think this would be successful, you could involve an independent third party, such as a mediation service. This could put things on a more formal footing without having to resort to legal action. In the meantime, keeping a diary of all events including each time the kitchen has been flooded, and what action you have taken, may prove useful.
Your neighbour may need assistance to help him cope in his property if his forgetfulness is caused by mental health issues. If you suspect this is the case, you could contact social services to request a community care assessment. They have a duty to provide a care assessment of someone's needs if they are alerted to the fact they are finding it difficult to cope. This doesn't necessarily mean your neighbour would be put into a care home; community care assessments are intended to look for ways to help people live in their own homes with support if necessary. If you don't feel comfortable contacting social services, is there a friend or relative of your neighbour you could discuss your concerns with?
If all this fails, or simply isn't an option, you could complain to his landlord, who may be able to sort out the problem. You can look for local legal advice on the Community Legal Services website or call them on 0845 345 4345. You also might want to get further advice on this subject. You could also approach your local Citizen's Advice Bureau. You should seek further legal advice before deciding to take court action, particularly if your neighbour's actions are a result of mental health issues.
Updated: 12/09/2008
Question answered by Shelter
