Water leaking from flat above
One of the most common problems that residents face is leakage issue from the flat above. This is usually caused due to leaking pipes or absence of proper insulating material in places like toilets and bathrooms. Substandard quality of construction can also lead to water leakage issues from flats above. Water can percolate through the tiniest of cracks and crevices, so leakage issues are bound to occur sooner or later with regular wear and tear.
In case there is leakage from above flat, the responsibility to carry out repairs lies with the owner of the above flat. This is because the source of leakage is located inside their property. However, many times homeowners refuse to bear the expenses of the repairs citing that the problem is with construction quality. They argue that water leakage is not their fault and as such, they cannot be held responsible for it. This line of thought is the primary reason for conflict in case of water leakage issues.
Some more common issues
- Playing music in high volume
- Throwing garbage in your Premises
- Doing un-authorized construction on road
- Making nuisance after drinking
- Shouting at mid-night or without any reason
- using abusive words
- Fight over wrongly parked vehicles
What can you do?
If you are the victim who is facing the water leakage issue, you need to get it fixed at the earliest. Water leakage not only creates ugly looking spots on the ceiling and walls, but can also lead to short circuit. In the long run, it can also cause structural damage. Here are some of the things you can do to resolve the issue of water leaking from flat above.
Talk to your neighbor: The first thing you need to do is talk to the owner of the flat above and ask them to fix the issue in a polite manner. You need to explain to them that the problem will eventually start affecting them also if it is not resolved at the earliest.
Discuss with builder/housing society: In case the owner of above flat refuses to fix the leakage, you can approach the housing society or the builder to find a solution to the problem. Water leakage will eventually cause structural damage, so such problems cannot be ignored by the building’s managementcommittee.
Approach consumer forum: If above steps don’t work, you can approach a consumer forum for resolution of your problem. Different states have different rules for housing related disputes, so it would be better to consult or hire a lawyer.
File complaint in civil court: If the matter is still not resolved, you can file a complaint against the owner of the flat above in a civil court. Your lawyer will first send a legal notice to the flat owner, asking them to fix the leakage within a specified time frame. If the owner does not respond, your lawyer will file a case against the owner of above flat. There have been cases in the past where courts have ruled in favor or homeowners facing water leakage issues. In such cases, the owners of flat above were asked to carry out the repairs at their own expense.
There can be various other problems with your neighbors such as the neighbor throwing waste in common areas or in front of your house, clogging the open or closed drain system, washing car or bike in common areas leading to water accumulation, etc.
If your neighbor’s actions are creating problems for you and they are unwilling to change their behavior, you can file a police complaint against them for public nuisance (Section 268 IPC) or even harassment (Section 441 IPC).Use this approach as a last resort when all other efforts have failed to yield results.
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