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Advice needed! Leaking ceiling under my flat.

Hello, I'm hoping some of you can offer some advice/reassurance here. Sorry for the long post -- I'm a first-time homeowner so I'm panicking!



I own the top 2 floors of a building that was built in the late 1800s. Downstairs from my flat is a commercial property owned by a development company. Their propery extends slightly beyond mine with 2 areas of flat roof. A good while ago they reported a leak from their ceiling situated under our bedroom, which seemed to stop on its own. We noticed no water ingression so told them to let us know if it starts back up. Months later, they said it was leaking again. My partner had been in the shower, so he cleaned and re-sealed the drain and never heard from downstairs again. We suggested at the time that it might be worth checking the 2 flat roofs but AFAIK this didn't happen. I know that one side of their property (opposite end from the leak) has bad water damage from the flat roof that has never been rectified.



2 days ago we had 5 new radiators fitted and the following day, downstairs rings to say the leak is back and quite a bit worse. I immediately left work and got the engineer who had fitted the radiators back out. We drained the boiler (leak still going) and then shut off the main water supply. The leak kept going for a few hours and continued overnight, though less so. The owner came round to tell me I couldn't put my water back on and that I had to call my insurance.


We kept our water off all last night and this morning, and I called my home emergency cover via my home insurance who were unable to send anyone out that night. Early this morning my FIL (builder/joiner) came round to have a look. He turned our water back on and put all of our appliances that use water on, but as yet there is still no leak.



My concern here is that the owners of the property are adamant that the leak is coming from my property. We have ruled out our central heating and washing machine for definite, and both my plumber and builder say they think it is coming from one of the the flat roofs or the guttering as yesterday's leak coincided with particularly bad rainfall, that stopped overnight. (It does rain all the time here though!) Have I done enough here? Should I be doing more? I don't want to be accused of negligence and we don't have the best relationship with the company that owns downstairs, so I want to keep myself right.


Thanks all! :smiley:
«1

Comments

  • WRITE (keep a copy) to the owners downstairs setting out what you have done to investigate the problem (plumbers/builders), and their findings. Suggest that since you have found no fault with your own property they should now as a matter of urgency investigate their flat roofs/guttering. This "keeps you right" and shows you have tried to be accommodating. The ball is now in their court to do likewise.
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Who owns the freehold for the whole building?
    Roofs are usually a freeholder responsibility.
  • @mrschaucer Thank you! I have it all in writing via texts so that should cover my bases. :)
  • harlar
    harlar Posts: 8 Forumite
    edited 21 December 2018 at 3:04PM
    anselld wrote: »
    Who owns the freehold for the whole building?
    Roofs are usually a freeholder responsibility.


    The building is just my flat and the commercial property, so no freehold. When I bought the flat I was told communal roof repairs were split 2/3 to 1/3, but my property is not covered by any of the flat roof so I believe it's their respnsibility.


    ETA: I believe this means the freehold of the whole building is shared? So I would own 2/3 of it.
  • xylophone
    xylophone Posts: 45,745 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The building is just my flat and the commercial property, so no freehold.


    This does not seem to me to make sense.

    How do you own your property? Freehold? Leasehold?
  • harlar
    harlar Posts: 8 Forumite
    edited 21 December 2018 at 2:47PM
    xylophone wrote: »
    [/B]

    This does not seem to me to make sense.

    How do you own your property? Freehold? Leasehold?


    Oh sorry I don't know much about this stuff, I'm still learning! I own the property freehold and as far as I know the development company owns the downstairs property in the same vain. No one owns the whole building, if that makes sense?


    ETA: We are in Scotland so I believe leasehold isn't a practice here.
  • harz99
    harz99 Posts: 3,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
    harlar wrote: »
    Oh sorry I don't know much about this stuff, I'm still learning! I own the property freehold and as far as I know the development company owns the downstairs property in the same vain. No one owns the whole building, if that makes sense?


    ETA: We are in Scotland so I believe leasehold isn't a practice here.


    I was just about to ask where you were, with Scotland in mind!


    I agree with mrschaucer, you should WRITE formally (send a text as well if you wish) and put the ball in their court.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    All properties have a freehold.
  • harz99 wrote: »
    I was just about to ask where you were, with Scotland in mind!


    I agree with mrschaucer, you should WRITE formally (send a text as well if you wish) and put the ball in their court.


    Apologies, I forget that property laws are different up here! I will shoot them a letter to be safe. Thank you!
  • Slithery wrote: »
    All properties have a freehold.


    Yep, I didn't realise England still did leaseholds so I didn't know what that meant. Thanks!
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