Terrace pipe leak into downstairs property

Landlord Discussion Repairs & Maintenance
1

I rent a flat with a terrace roof which on top of an extension owned by the neighbours below.

While I was away, the landlord reported that the plant watering device (which has anti-frost guarantee) apparently leaked, sending water up the brickwork, which then some how managed to get under the ashfeld and leak into the ceiling below.

I know that this roof was previously damaged, as heavy tiles were placed on it some years ago. As a result the landlord and the owner of the flat downstairs have not had good relations for many many years. The new roof was done without any structure/survey/plans and not built to any kind of recognised standard.

The neighbour below regularly complains about having a chair and table on the roof for ‘fear of the roof collapsing’ above him. It’s thin layer of Fiberglass with 1/4 inch battons.

Now my question is, who is responsible for the leak which took place during the frost in the past few days? I’m currently abroad so I’m not sure if that helps my position. The terrace tap is exposed without protection and obviously frosted over. According to my Ring Videos, there’s no mention of water being sprayed up the wall when the landlord visited at night. In-fact they talk about a ‘leak’ from the tap.

I know this is going to be a long process. The neighbour downstairs is a litigious old man, he’s used solicitors against the lady upstairs to try and stop her business from operating at home, and it’s also send two solicitor letters to me (I only just moved in 12 months ago)

I want to give my notice as the landlord has not renewed my AST which expired mid november. But I have concerns that the may use this opportunity to not renew my lease, hike up rents as I am in an expensive area in Hampstead and also use as much of my deposit as possible towards repairs.

I’ve also been severely misled regarding the ‘use of the terrace’, as this was advertised as a terrace with full access, a BBQ, tables, pots and plants on it. When moving in, the neighbour downstairs immediately had issues with me on the first day, he’s subsequently sent me solicitor letters alleging trespass of his roof and to remove all items. The landlord is interpreting the wording in the master lease and has pretty much left it for me to deal with.

Any advice would be appreciated

2

It sounds like an informal roof terrace and not a properly converted space that would have required the roof to be reinforced. If I were the owner underneath I would have objected to its use as a terrace at all.

Who installed the watering system? If you yhen you may incur some liability. Also if its in your contract to remove it and cover the tap in winter. Otherwise, not really your problem.

If you want to leave anyway just serve notice when youre ready. Your tenancy will just become periodic at the end of the fixed term. The landlord cant prevent that.