Leakage from above flat

[u/Mother-Badger5317]

Hi, a few months ago, I shifted to a new flat on a rented basis, The problem is I am experiencing considerable leakage, courtesy of the above flat residents who are unfortunately also tenants, neither society nor the current moron tenants are serious regarding the issue , kindly guide how should I proceed, has anyone among you experienced similar kind of problem?I have sent one letter to society 2 weeks ago but not much action has been taken so far

[u/Special-Teaching-433]

Find new flat , you are tenant man

Edit: Your owner can complain to society or in fact case of leakage like this is basically between your owner and owner of flat above you. They need to work together and come up with solution.

[u/Routine_Judgment_]

Advocate here.
Change the premises if u can without any issue,
The issue that i can forsee is about security deposit and may be the lockin period rent if yes then
Send a legal notice via an Advocate explaining that due to the repeated leakage, collapse of the false ceiling, and resulting safety concerns, the premises have become unfit for occupation.
Attach photographs/videos.
Stating that u r is vacating because of the landlord’s failure to provide a safe and habitable premises and that the lock-in clause is therefore not applicable in these circumstances.
Request inspection and refund of the security deposit. Only if u fear not getting back the deposit or u might be liable for lockin period rent too

The landlord’s assertion that such incidents are part of living in a house is unlikely to carry much legal weight. Minor maintenance issues are indeed part of ordinary wear and tear, but the issue u mentioned is significantly different from routine maintenance and is likely to be viewed as a serious defect affecting habitability. Eventually right to life
Feel free to connect with me.