Hidden Cistern Leak in shared ownership - who is liable?

DeniseH_2

Hello - can anyone help please?

We live in a modern build flat and moved in when new 6 years ago.

Approx 2 months ago we started to notice discolouration on some of our internal plasterboard walls and they then became damp with mould. We couldn't find any obvious leak. We have just located the issue by chance - a leaking cistern which is hidden behind a tiled unit and were shocked to find a mass of water logging...I don't know how long this has been leaking. The unit is not accessible without pulling away the entire wall that hides it...it has caused a lot of damage to all of our internal walls and potentially the neighbour downstairs - (to be seen....I hope not)

The question I have is who is liable? We own our flat - annoyingly we staircased to full value having previously been shared ownership. The housing association say that any internal damage including leaks is the owner (OR shared owner's) liability - however it has been a hidden leak and we now can't fully access it without ripping it down - This suggests an inadequate build with a poor design - also, the aftercare on their part has been appalling with despite several calls, no one in the last month coming to try and ascertain where the damage was coming from or even advising us to check the cistern in case it was the cause.

Has anyone else had this issue or can offer any advice?? Thank you!:(

PasturesNew

It's your responsibility to get it fixed. That's one of the hidden downsides... you pay all maintenance/repairs, you pay for improvements and uplift and they trouser a future share for "doing nothing".

DeniseH_2

Thank you for the speedy reply....we have already been proactive to fix the problem with a plumber as an emergency.....but what if there has been damage caused to others? - it doesn't seem fair that we are solely accountable for damages?

PasturesNew

DeniseH wrote: »

.... what if there has been damage caused to others? - it doesn't seem fair that we are solely accountable for damages?

In simple terms - if you did something about it as soon as you were aware and/or if you were doing regular checking/maintenance and it happened "out of the blue" then if you caused damage to a neighbour's property that's their "tough t1tty", although morally it'd be good if you paid for their fix too.

The neighbour would have to have their own insurance and use that to pay for their repairs. If they had no insurance and if you couldn't be proven to be negligent/slack in any way then they'd just have to live with it.

None of it's very "fair" really, but that's life unfortunately.

Jackmydad

Sorry to hear your problems. It might not be "fair", but you have to live there, and that alone would make it worth fixing IMO.
If at all possible I'd arrange for some sort of access to the cistern for future checks and (inevitably) repairs.
Where the pipes run down my bathroom wall they are boxed in with ply (It's not in a wet area, that needs cement based board) mounted on Keku clips and then the joint siliconed to finish. Cut the silicone and pull the boxing off to access.