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Bathroom Leaking in Flat

Hi All

I live in a 1 bedroom flat and pay service charge to the managing agent (which covers building insurance).

The owner from downstairs says my bathroom is leaking and is causing the water to go through his bathroom ceiling, as it's directly beneath mine.

However, my question is that because we all pay service charge to the managing agent, shouldn't they be dealing with the managing agent by law and not complaining to me?

Also, before i have someone rip out my bathroom and tiling, shouldn't they find the problem downstairs first as there's no proof it's my bathroom causing the leak. I believe in flats communal pipes can run through different flats.

Any advice would be greatly appreciated - thanks!
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Replies

  • Pixie5740Pixie5740 Forumite
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    js1212 wrote: »
    Hi All

    I live in a 1 bedroom flat and pay service charge to the managing agent (which covers building insurance).

    The owner from downstairs says my bathroom is leaking and is causing the water to go through his bathroom ceiling, as it's directly beneath mine.

    However, my question is that because we all pay service charge to the managing agent, shouldn't they be dealing with the managing agent by law and not complaining to me?

    Also, before i have someone rip out my bathroom and tiling, shouldn't they find the problem downstairs first as there's no proof it's my bathroom causing the leak. I believe in flats communal pipes can run through different flats.

    Any advice would be greatly appreciated - thanks!

    R U 4 real?
  • Pixie5740Pixie5740 Forumite
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    The party(s) most likely to be responsible for the water ingress should be informed as soon as possible which is what your neighbour has done. If appropriate steps are not taken by the party responsible to rectify a problem once they become aware of it additional liability is likely to follow.
  • js1212js1212 Forumite
    4 Posts
    Thanks for the reply - but how can he prove it's a problem with my flat is what i'm asking. shouldn't it by their responsibility to identify the problem, then if it's my pipe my problem to fix it?
  • Where else could the water be coming from??
    Are the floors solid? I'd very much doubt the pipes are embedded into the concrete if they are.

    There's only one way to tell. You should have inspection panels to assess the likely culprits without causing to much mess. If you don't, it's hammer and chisel time.

    I had to find out the hard way. Glad I did.
  • js1212js1212 Forumite
    4 Posts
    Not sure - think the floors are concrete yes.

    no inspection panels in my bathroom, it's all tiled up
  • economiceconomic PPR
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    i really feel sorry for your neighbour downstairs.
  • js1212js1212 Forumite
    4 Posts
    why? we all have the same building insurance as part of our leasehold charges
  • edited 31 March 2017 at 6:55PM
    stardust09stardust09 Forumite
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    edited 31 March 2017 at 6:55PM
    Erm, what exactly do you think your managing agent will do? Send a plumber around?!?!

    It's your responsibility to take action now as the longer you leave it then the more damage you are allowing to be done to your neighbours' property. They have notified you of the problem and you have a duty to take action.

    In this situation, I'd be co-operating with my neighbour and both looking for the leak - starting in your bathroom. They can't access your property anyway.

    Buildings insurance only covers claims for damages and not emergency plumbing repairs. I'm not sure why this is relevant at the present moment. You need to source the leak immediately then work out liability later. It's too late once more damage is done and you're risking serious damage to their ceiling, and possibly electrics, in the meantime.

    How would you see the situation if it was your neighbour above you causing a leak into your bathroom? Owning a property means footing your own repair bills, unless you can prove it's not your pipe causing the issue. But without investigating, you'll never know that. And I think it'll be at your expense. That's what I'd expect if I was you.

    But, why don't you contact the managing agent yourself and check out the facts? Don't leave it up to us your neighbour to sort it out. And what does your lease say about obligations, if anything?
  • Pixie5740Pixie5740 Forumite
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    js1212 wrote: »
    why? we all have the same building insurance as part of our leasehold charges

    Why? Because there is a leak from their neighbour's flat coming into their home and the neighbour is unwilling to do anything about it.

    The buildings insurance won't cover any damage to your neighbour's contents. They'll need to make a claim for that on their own contents insurance policy and if it can be demonstrated that you've been negligent i.e. know about the leak but did SFA about it, their insurer can come after you.
  • NeilCrNeilCr Forumite
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    Agree with stardust09.

    I had water coming into my flat a number of years back. I went up to the flat above - they investigated and it turned out to be their shower tray. I am certainly glad they didn't pfaff around on a forum discussing the ins and outs of whether or not they should deal with it

    Sometimes you have to do the right thing - and work out responsibility when it's sorted out
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