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Leak from another property

54 replies

Ollivander84 · 10/02/2018 17:17

I'm being deliberately vague!
So say you live in an apartment block. Plumber has confirmed the leak is from the upstairs apartment, but to fix it requires the boxing (MDF type) taking off around the bathroom upstairs
They refuse. So the leak can't be fixed. What are the rights of the downstairs flat as their flat is being damaged by the leak?
For ease, assume management company are as much use as a chocolate teapot

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SheepySheepy · 12/02/2018 16:03

By landlord I think freeholder is meant.

SheepySheepy · 12/02/2018 16:03

Landlord and freeholder are used interchangeably sometimes.

kirinm · 12/02/2018 16:07

Yes sorry by landlord I mean freeholder. I'd bypass the managing agents and start hassling the freeholder who seems to be the only person / entity with any ability to do anything.

I'm a solicitor but don't usually come across neighbours refusing access. Never underestimate the damage water can do.

Ollivander84 · 12/02/2018 16:37

He's let the plumber in unlike last time but won't let them take the boxing off as it will then need repair. Much like my bathroom Hmm
He's basically going "my bathroom is dry" and sticking his fingers in his ears

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Ollivander84 · 16/02/2018 17:10

Update. Unfortunately my management company have what's app Grin so I have messaged every morning, lunch and evening
Still leaking. They are assigning a contractor to repair as it will be quicker force the issue and then I can get on with an insurance claim. I'm not having half a wall and the ceiling repainted so I've asked for someone to come and assess the damage busy picking paint colour
I have to pay the excess Hmm again

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LaurenCooper · 17/02/2018 20:53

Something similar happened in our block but it was the leaking flat who paid the excess. I would question why you should pay the excess when the CF above you clearly doesn't maintain his pipes and refuses to fix them when told there's a problem.
And another thing, if you have a communal building insurance and the premium goes up due to claims, the management company can charge the difference to the leaking flat. Might encourage CF into a little more co-operation.
Good luck

Ollivander84 · 20/02/2018 12:11

Update. It's from his bathroom but in between the two flats... so a full day repair as it's concrete!

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SheepySheepy · 20/02/2018 12:27

Argh! But are they doing it?

Ollivander84 · 20/02/2018 12:35

The management company are provided they don't decide it's a demised repair!

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SheepySheepy · 20/02/2018 12:40

Wooooo Wine

kirinm · 20/02/2018 12:50

That's good news. If it is a demised repair, I would hassle the freeholder if the management company and neighbour refuse. The terms of their lease will be as yours are (probably) so review your lease and check what the terminology is about your obligations in maintaining the property and then argue the neighbour is breaching if they don't look to sort it.

Ollivander84 · 20/02/2018 13:01

The plumber said he is 99.9% sure it is not demised and they will be looking to repair asap
It's basically where the upstairs sink joins the waste pipe. So they need to replace all the pipes between upstairs and downstairs via my ceiling

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Ollivander84 · 27/02/2018 22:58

Still awaiting repair. They're still using that bathroom so still more damage Hmm

Leak from another property
Leak from another property
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Ollivander84 · 03/03/2018 14:57

Update. They've now blocked my drains with wipes which has cost me £80 to have jet washed
I'm off to buy wine straight vodka

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StarsBrokenAgain · 03/03/2018 19:15

Oh Ollivander! So selfish. Do they not realise, or not care? From the leak situation it sounds like it might be the latter...

Ollivander84 · 03/03/2018 19:19

I think maybe not realise with the wipes. And not care when they do because "it's all dry up here"
Hmm

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StarsBrokenAgain · 03/03/2018 22:44

Sigh.

wowfudge · 04/03/2018 05:16

I don't know about this, but are the drains not something the freeholder/management company has to deal with? I completely understand that it's something you need to get fixed and quickly, but it seems wring that you have paid for it.

Ollivander84 · 04/03/2018 10:00

Apparently not. Although even if it was, the leak has been a month and I wouldn't want sewage and no toilet for that long!

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Ollivander84 · 14/03/2018 09:59

Still no repair. Management company are a pile of shite

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wowfudge · 14/03/2018 12:24

Can your insurers not escalate this and get a court order maybe? It is bonkers that the damage is being allowed to persist.

Ollivander84 · 14/03/2018 12:37

The buildings insurance is via the blinking management company so I'm completely stuck. I've said if there is no contact by Monday then I'm sending a recorded letter on legal advice and they can deal with it

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kirinm · 14/03/2018 13:35

As I suggested a while back, I'd start hassling the freeholder and / or threaten legal action against the management company and possibly owner of the above flat.

StarsBrokenAgain · 14/03/2018 13:49

Also you should have the name of he insurance company in the paperwork when you pay the service charge. Just because the Freeholder chooses the company, you still pay for it and can use it and contact them.

Ollivander84 · 14/03/2018 14:18

I've got the insurance company name but they won't do any repairs to damage until the leak is fixed which they said is the responsibility of the management company, they won't fix the actual leak

Recorded letter on Tuesday am if they haven't replied by 6pm Monday and then I'm ringing environmental health

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