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Damage to Property - who is liable?

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Comments

  • The managing agent is appointed to take care of the normal day-to-day stuff like repairs and maintenance not act as a mediator between leaseholders and the freeholder. That would be a completely utterly thankless position to be in. There hasn't been enough money printed etcetera.
  • The managing agent is appointed to take care of the normal day-to-day stuff like repairs and maintenance not act as a mediator between leaseholders and the freeholder. That would be a completely utterly thankless position to be in. There hasn't been enough money printed etcetera.

    So they just need to make sure that the pipe is no longer damaging the building and then turn a blind eye?
  • Unless it is your pipe (as I believe you said they had claimed) in which case it's your pipe and your water damaging other people's property and the building itself. Not good.
  • Unless it is your pipe (as I believe you said they had claimed) in which case it's your pipe and your water damaging other people's property and the building itself. Not good.

    No the pipe belongs to the flat above, this situation is very annoying. The managing agent has emailed me after I made a complaint about the way the issue has been handled and is now claiming that he has been lead to believe that the leak has now been rectified - No doubt he has finally got hold of the owners of the flat above, but there is no mention of the damage to my flat:mad:
  • propertyman
    propertyman Posts: 2,922 Forumite
    act as a mediator between leaseholders and the freeholder. That would be a completely utterly thankless position to be in. There hasn't been enough money printed etcetera.

    Ahem; that's pretty much describes a lot of the day of the property manager!

    In truth the role of the agent is to be of general assistance, in this case making contact between the parties.

    Where the leak is damaging another property as well as the reserved property, the landlord and agent has a vested interest in ensuring that the mater is resolved, that the leaseholder meets their repairing obligation and in most leases is required to enforce them in the event of a neighbour failing to do so.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • propertyman
    propertyman Posts: 2,922 Forumite
    Jaynorth wrote: »
    No the pipe belongs to the flat above, this situation is very annoying. The managing agent has emailed me after I made a complaint about the way the issue has been handled and is now claiming that he has been lead to believe that the leak has now been rectified - No doubt he has finally got hold of the owners of the flat above, but there is no mention of the damage to my flat:mad:

    Well you can make the insurance claim which may affect the overall premium to the building, not yours, and at the same time you can, if you can prove negligence on the part of the other owner, for your time cost and damages.

    The agent role is to ensure compliance, not managing the works and redecoration to each flat, as the lanlords obligations are spelt out in the lease and the agent discharges those, not ones tacked on.

    Most people make the claim and accept that this inconvenience is part of the joy of living in a flat. :(
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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