Help! - Blocked roof drain - my responsibility or management company's?

rflook

Hi,

Hoping someone can help me here. The jist of the problem is thus - sorry for the length. I own a flat which is leased and obviously pay a management company monthly for upkeep etc etc. As I am on the top floor the roof is directly above me. The roof, being slightly slanted, has three drains on it, one above each flat. Two of the drains trace down the outside wall, but bizarely the one above my flat actually goes through my property.

When it rains heavily I, unfortunately, get a leak to some extent in my flat. After rummaging around under floorboards it turned out that this drain pipe has water running down the outside of it, so I clambered up on to the roof to have a gander to see if I could see the problem. The drain above my flat wasnt draining, meaning somewhere down this pipe there is probably a blockage (the cover to the drain has no grill over it so anything could have fallen down the hole), and the rain water is backing up and spilling over a join somewhere and dripping down into my flat.

I have no issues with any water draining from any applicance/sink/toilet in my flat so can only assume that the drain pipe from the roof only takes water from the roof and no other source.

I had complained about this is January to the management company and they sent someone round to take photos with a 'promise' that they would take it back to head office to get it sorted. Well as everyone knows it has been raining pretty heavily over the past few days and the problem is still there - so clearly nothing has been done about it. I have phoned them up to complain again and they told me they would sort it ASAP (god knows how long that will be).

As you can imagine as I complained about it back in january I am pretty miffed. Hence I am seriously considering getting someone out to sort the problem for me and charging it back to the management company. The problem is that I am not sure who is responsible for this problem. The management company is responsible for drainage but I am responsible for plumbing inside of my flat - does this drain pipe come under plumbing?

I'd be really grateful for any advice as with more heavy rain forecast I want to get this problem sorted ASAP.

Werdnal

Sorry if this is a little too obvious, but I would have thought the first thing to do would be READ YOUR LEASE!

Tr1pp

yes do read your lease so you know exactly who is responsible for what.

In this situation it is highly likely that your management company is responsible as this will be seen as the fabric of the building which the management company will be responsible for (subject to the type of lease agreement you have).

Is the leak causing damage to anything in your property - damp plaster or ruined wallpaper, stained ceiling? if it has then I would write to the management agency telling them to fix the damage. you have already informed them in the past (hopefully via letter) and now its happening again.

tbs624

Did you put your concerns in *writing* to the management company and keep a copy? If it was back in January that you spoke to them, why have you not sought confirmation from them when work would be taking place orwhen they would at least be undertaking appropriate investigations ? Why leave it until almost May & just assume they were dealing with it?

As Werdnal says reading thoroughly through your lease should be your first port of call. Itr may be that the work would be covered under the Buildings Insurance.

You may find it helpful to follow your query up via the Leasehold Advisory Service http://www.lease-advice.org

propertyman

rflook wrote: »

(the cover to the drain has no grill over it so anything could have fallen down the hole

Well as everyone knows it has been raining pretty heavily over the past few days and the problem is still there - so clearly nothing has been done about it.

Erm with no cover, why do you assume that no new item could have gotten in?

If you drop in some strong drain cleaner, if the roof is safe to access, a few £'s might be quicker than waiting and your share of plumbers cost on the service charge.


What to Do:

Call the firm and ask them to call a contractor, and say I'll hold while they call and arrange someone. There should be no difficulty doing that, or if there is, ask as them to explain.

rflook

Werdnal wrote: »

Sorry if this is a little too obvious, but I would have thought the first thing to do would be READ YOUR LEASE!

I have read the lease, and like I said in my original post the management company are responsible for drainage and I am responsible for internal plumbing, but I dont know if just the fact that the pipe comes through my property makes it internal plumbing hence my responsibility OR if because it is a drainage pipe it is their responsibility. The wording is very amibiguous.

propertyman

A rain water downpipe off a roof that is "communal" is not your responsibility. Your lease will refer to pipes which you are responsible for as those that exclusively serve your flat.

Just tell them the rainwater pipe is blocked, and as it runs in a void accessed from your flat it is causing a flood in your flat.

Call them as suggested and DO NOT SAY IN MY FLAT say a void accessed from.

rflook

propertyman wrote: »

A rain water downpipe off a roof that is "communal" is not your responsibility. Your lease will refer to pipes which you are responsible for as those that exclusively serve your flat.

Just tell them the rainwater pipe is blocked, and as it runs in a void accessed from your flat it is causing a flood in your flat.

Call them as suggested and DO NOT SAY IN MY FLAT say a void accessed from.

Thanks propertyman, can I ask why I should not say 'in my flat' but use the term 'a void accessed from' instead.

As an update I have just spoken to, suggested by another user, the Leasehold Avisory Service and they, as propertyman stated, confirmed that as it was drainage from a communal area and hence their responsibility.

It may be useful to others to note that this service stated that 5 days (not necessarily working days) is appropriate to have a problem such as this fixed, and that if it isnt fixed in this time that I am entitled to get it sorted myself and bill the property owner.

propertyman

rflook wrote: »

Thanks propertyman, can I ask why I should not say 'in my flat' but use the term 'a void accessed from' instead.

I have explained the difference in my earlier post, and saying "void" stops they average call centre responder jumping to the conclusion that in my flat means it's your pipe and your responsibility.

It is accurate and quicker to avoid that problem to say void.