A YORK couple claim their kitchen is a health hazard, after its ceiling collapsed following a water leak from the flat above.

Their misery was compounded when City of York Council said it would be two weeks before it could send maintenance staff to repair it.

Emma Shaw and Stuart Ogden, of Monkton Road, returned to their council flat on Sunday to find the kitchen ceiling had caved in.

Council staff had visited earlier in the day to repair a leak in the flat above, and had declared the kitchen was safe for the couple and their two-year-old daughter, Jade, to use.

The council now says it is unable to carry out repairs until the week after next.

"The leak started coming through about 2am on Saturday. The council came and said it was safe for us to go in. We went out for dinner and when we came back the ceiling had collapsed," said Emma, who has lived in the flat for five years.

"If the baby was there, it could have hurt her.

"It's all dropping off into food. It's terrible.

"We've been told we can't claim anything for decorating.

"We were originally told February 18, but now they say they are too busy and it will be the week after."

Jo Harrison, the council's housing team leader, said: "The council's emergency repairs team took the unusual step of dealing with a water leak from a non-council-owned home on Saturday because it was affecting one of our tenanted flats. The team went out again on Sunday to take down parts of the affected ceiling following concerns from Ms Shaw. A surveyor visited the house on Monday and confirmed that the kitchen ceiling and room were safe.

"Though the repairs may appear serious, they are fundamentally cosmetic and should be completed in the next two weeks."

Updated: 14:29 Thursday, February 12, 2004