Leak from flat above

Teaandtoast

Hi there,

This is my first post so, hello!

I've done some searching and found some useful information but my question hasn't been specifically answered (that I could see) so I hope it's okay to go ahead and post it.

I own the ground floor flat of a house with a flat above. The downpipe from upstairs is leaking and their grey waste is spilling out onto my decking but mostly into the neighbours garden nextdoor.

From what I've read, it seems that this should be referred to the leaseholder but on speaking to the neighbour above, he seems to think it's a shared responsibility and we should half the cost of the repair. I'm guessing it's because he thinks it will be cheaper this way.

It's all very amicable at the moment and I'm keen to keep it that way but it seems strange to me that I should be responsible for the pipe that carries their waste water. Does that seem right?

Thanks in advance for any help you can give.

xylophone

You and the person above are leaseholders?

Does this pipe in any way count as a "common part"?

Does your neighbour have proof (what does the lease say) that it is a shared responsibility/ the freeholder's responsibility?

Have you checked your own lease?

G_M

What do your leases say? We cannot read them so cannot advise you on responsibility.


* I asume you and the other flat owner each have a lease?

* who is the freeholder? You and the other flat owner jointly? A 3rd party?
* how do your leases define a) repairing responsibility? b) shared or common parts?