Who is liable for repairs due to a leak in a flat due to poor plumbing?

ClaudiaRobertson27

I am looking for some advice for an complex issue around leaking from our flat.
We purchased our 4th floor flat a year ago, and since then have had reports of 3 leaks from different plumbing points in the flat and have organised for repairs to be done accordingly (painting and plastering etc.) where we can see the damage.


The issue is, it appears the entire building has poor plumbing and has done from when it was built around 10 years ago. The lady in the flat below where we have leaked, explained she owns another property in the building that has been leaked into by another flat and likewise her flat has leaked into the property below. She also explained the previous owner had paid for repairs to her flat many times before and organised for a handyman to come out and paint whenever there was a leak.


My question is, if the leaks are not caused by something we are doing e.g. leaving a bath to overflow or having a disconnected washing machine then who is liable for the repairs? I cannot see that we should continue to have to pay out for repairs for the property below when the issue is caused by the poor plumbing installed in the building. Just to add, we had a plumber come out to look into one leak and he advised the pipes that were fitted originally should not have been installed in a flat with 2 bathrooms as they are too small - in this case should the company who built the property/building management be responsible for these repairs?


Any help would be appreciated .


Thanks

Quentin

Insurers don't pay for bad workmanship to be repaired


Maybe better to post this in the consumer rights or in my home forums

ClaudiaRobertson27

Quentin wrote: »

Insurers don't pay for bad workmanship to be repaired


Maybe better to post this in the consumer rights or in my home forums

Sorry I am not looking for advice on repairs to the plumbing. I mean the repairs to the property below, e.g. paintwork etc. Our building insurance via the property management can cover I believe but with a £500 excess and I don't believe this should be covered by from my side due to the fact I have not caused the leak through any negligance.

Quentin

If you haven't been negligent then you have no liability for problems downstairs!


Pass any demands for payment on to your insurer to deal with

eddddy

ClaudiaRobertson27 wrote: »

Just to add, we had a plumber come out to look into one leak and he advised the pipes that were fitted originally should not have been installed in a flat with 2 bathrooms as they are too small - in this case should the company who built the property/building management be responsible for these repairs?

As the leaseholder, you are almost certainly responsible for maintaining, repairing or replacing any plumbing in your flat (Read your lease to double-check.)

With property purchase, it's generally a case of 'buyer beware'. The law's view is that you should have got the plumbing inspected before you bought.

ClaudiaRobertson27 wrote: »

My question is, if the leaks are not caused by something we are doing e.g. leaving a bath to overflow or having a disconnected washing machine then who is liable for the repairs? I cannot see that we should continue to have to pay out for repairs for the property below when the issue is caused by the poor plumbing installed in the building.

You only have to pay for damage to the flat below if you were negligent (i.e. you did not act in a reasonable manner.)

Examples of negligence might include...

• Not doing anything about it, when a neighbour tells you there's a leak coming from your flat.

• Not doing anything about it, when a professional plumber says there is a risk of your pipework starting to leak.

If a leak is not reasonably foreseeable, you're probably not negligent, and therefore not liable for any damage to your neighbours property.


But... I guess your neighbour might argue that if your plumbing keeps leaking in different places, it is clearly badly installed and needs replacing, and a reasonable person would replace it.

i.e. You are being negligent by not replacing it, and therefore liable for any damage caused.