Water Leak but who has pipe responsibility in a shared ownership house?

MrsSollis

Today I have discovered we have a leak in the pipe somewhere between our home and the meter about 100 yards up the road (thanks to a hefty water bill!)

We have somebody coming to investigate further from ST tomorrow afternoon but in the meantime I am struggling to understand who needs to take responsibility for this pipe. ST say it will be us, however this is a shared ownership property and therefore we only own 50% of the property, and not the actual freehold to the property. Surely therefore, it is Bromford Housing's issue as the land belongs to them and not me?

I am very concerned about the costs of repairing this pipe and quite frankly, don't see how it is up to us when we don't actually own the land! Unfortunately Bromford are not well known for being helpful....despite being very good at taking their rent every month. When speaking to them earlier they are keen to put all responsibility on ST's behalf.

Does anybody know my rights on this?!

Feeling very stressed and anxious about the whole thing.

FOREVER21

Have you got a lease/rental agreement from your housing association? if so does it mention any thing about who is responsible for maintenance and repair. sometimes with shared ownership the structural insurance is covered by the landlord, have you checked this out to see if this covers water leaks.

I don't think that it is a leasehold property affects who is responsible, although I have not had a shared ownership property, I have previously had a semi which was leasehold and when we had a similar problem it was down to us to pay for the repair.

MrsSollis

Yes we do but it doesn't seem to mention anything whatsoever about water pipes. They said on the phone earlier that they only take responsibility for the pipes in the house, but I just don't see how that can be right when they own the plot of land! It is all very confusing! I am just praying that when ST come out tomorrow they find that the leak is on the road and not anywhere on my property/driveway as I guess it will then be up to them to fix it?!

Cardew

I would contact the Consumer Council for Water for advice:


http://www.ccwater.org.uk/

MrsSollis

Thank you, I will do.

spiro

My understanding of shared ownership is that your are paying a mortgage to buy X % of the house with the option to buy the remaining share at a later date. Therefore you are part owner of the house and garden. If that is correct then I would expect you to be liable for some repairs possibly including water pipes.

forestwn6

Have a look at CAB "Water Leaks". It would seem to answer most of your questions.

antrobus

MrsSollis wrote: »

...Does anybody know my rights on this?!...

According to the Bromford HA;

If you live in a shared ownership home you are responsible for all repairs to your house

http://www.bromford.co.uk/our-customers/my-home/home-owners/shared-owners

As far as I understand it, in law 'shared ownership' means getting a 99 year lease on a property with an option to buy in return for making a chuncky up-front downpayment. And normally it's a full repairing lease, which leaves the occupying tenant with a 100% liability if something breaks.

If the water leak has occured on your property then it's your responsibility. The fact that it's only your leasehold property as opposed to freehold is not relevant.

PasturesNew

As a rule of thumb, the home owner is 100% responsible for all the ongoing costs and maintenance costs of a SO home. You'll never get any assistance, or help, or portion towards repairing things that break or were shoddy.

It's one of the hidden parts of why, for many, they're not the fabulous solution they first thought they'd bought into when they got it.

macman

As far as ST are concerned it is a third party dispute between you and the HA to resolve.

john1

From Seven Trent Water code of practice here

If a leak is discovered on your supply pipe, we all want it repaired quickly. If the leak is reasonably
accessible and is not inside or under the building, we’ll repair it free of charge, provided an
application form has been completed. We’ll repair up to two leaks in a two year period on a customer service pipe.