Builder Warranty Regarding Ceiling Leak From Upstairs Apartment

paykanti

Hi,

Just wanted some feedback as to how to best resolve this issue. I had a ceiling leak develop in my new build flat's kitchen ten months after completion. I contacted the builder who cover such defects in first 2 years (next 8 years covered solely by NHBC).

Builder says they won't send someone round to fix it until the flat above fixes the leak first. I spoke with owner of upstairs flat but she didn't seem to make much sense, she said she'd noticed some dampness on her floor too and had arranged for someone to come round (this was later found to be innacurate as she hadn't contacted the builder and no one did come in the end), I told her to contact me once she's got someone to come and address the problem but so far nothing...

The leak has continues now for a week, the damp on the ceiling has spread, a second leak has developed and the water has compromised the electrics as the kitchen lights now hum and flicker when on. Should the builder not be looking to address this problem ASAP by trying to contact the upstairs flat themselves or am I really at the mercy of whether or not this owner can be bothered to call someone to fix it or not? Beside the safety issue, surely the repair costs are escalating for the builder as time goes on too.

mije1983

The problem is if the person upstairs doesn't get the leak sorted, then anything the builder does in your flat won't solve the issue as the leak will still be happening, so the costs would likely be much more overall if they have to come back weekly to do a patch up job.


Do you have a management company you can raise it with if the owner is refusing to do anything?

Hoploz

You need to keep on at her ... Bring her down to show her your problem.
There should be a management company/freeholder who can help intervene and put pressure on.
I'd be surprised if the original builder would take responsibility after 2 years but it's a possibility, though the person upstairs is the main person you'll need to appeal to.

paykanti

mije1983 wrote: »

The problem is if the person upstairs doesn't get the leak sorted, then anything the builder does in your flat won't solve the issue as the leak will still be happening, so the costs would likely be much more overall if they have to come back weekly to do a patch up job.


Do you have a management company you can raise it with if the owner is refusing to do anything?

Agreed on this, I definitely don't expect them to fix my ceiling before they address the actual leak upstairs but surely they should be looking to press the upstairs owner to allow them to fix the problem too rather than leaving it to the owner to instigate.

There is a managing agent for the block but they deal with the shared areas of the block and the stuff inside the flats are down to the builder/NHBC warranty as far as I understood. Just to clarify, I'm only 10 months into the life of the property so the builder's 2 year warranty is still valid.

I guess I'll just keep pressing upstairs and hope she pulls her finger out at some stage.

HampshireH

Have you invited her in so she has a full understanding of the damage being caused?

eddddy

The legal situation might be as follows...

• The lease probably says that your neighbour is responsible for pipework in her flat.

• You have informed your neighbour that her pipework is leaking.

• It sounds like she has not taken reasonable steps to fix the leak - so she's probably being negligent.

• You can claim damages from your neighbour for her negligence (i.e. The additional damage caused since you told your neighbour about the leak.)

• If the leak was caused by poor workmanship by the builder, the builder's warranty might cover the damage caused before you informed the neighbour.

• If the leak wasn't caused by poor workmanship, the damage caused by the leak before you informed your neighbour might be covered by your freeholder's buildings insurance policy.

csgohan4

lovely neighbour, wonders of living in a flat