Bo'ness man in dispute with Falkirk Council regarding leak from council flat

A Bo’ness man has spoken of his frustrations regarding compensation for a leak in his flat from a council tenant above which the local authority is yet to fully rectify.

Monday, 14th June 2021, 6:00 am
A hole in Chris Band's bathroom ceiling, which had to be replaced, following a leak from the above council property.
A hole in Chris Band's bathroom ceiling, which had to be replaced, following a leak from the above council property.

Chris Band (51) bought his flat at Newtown, Bo’ness in 2004, and has suffered issues from the council flat above since 2019.

He said: "That’s when it kicked off, there was some damage to my bathroom ceiling and the plaster came in over the bath. Which I initially thought was due to the neighbour’s bath. But it appears it was their toilet leaking.

"The council response initially was that they thought the insurance should be covered. All I’m trying to do is claim my excess, I’m not looking for anything else.

"The council said they encouraged my neighbours to take out contents insurance.

"To my mind encouragement is not enough. They are not checking up on this so it leaves it in the grey area, expecting tenants to sort this out. It’s the council’s responsibility as landlords.

"I'm absolutely fine with the neighbours about this. We get along just fine.

"I submitted an insurance claim for the excess and the council sent back a letter detailing the times they had fixed the toilet over a six month period.

"They were out four times to fix it, from June to November 2019. So they say they have done their bit and I have to prove negligence, which I feel is nearly impossible.

"With four attempts to repair the toilet in six months, there is a clearly a problem.

"If you put your car into a garage four times and it’s not fixed then that’s not a competent service.

"One of my neighbours said they had a similar problem with the council.

"The last I heard from the council on the matter was in February this year when they said they consider the matter closed. I don’t know what else to do now.”

A Falkirk Council spokesperson said: “We are sympathetic to Mr Band’s situation, however we are unable to contribute to the policy excess.

“We have responded to each call and explained the situation.

“When we concluded our investigations, repairs showed that the water ingress was not foreseeable and therefore we could not be found negligent.

“Sadly, we were unable to assist in this instance.”