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js1212
Forumite 4 Posts
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!
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
R U 4 real?
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.
no inspection panels in my bathroom, it's all tiled up
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?
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.
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