Water leak from communal pipe, who's responsible

Scant123

Me and my partner moved into our flat 5 months ago, we are part ownership so we own 25% of our property and the rest is owned by the managing company (southern housing). A couple of weeks ago we noticed that our hallway floor was getting increasingly wet, we rang the managing company to inform them of the leak. Long story short, they sent a guy out who told us it was coming from our toilet (didn't even look at the toilet just assumed it was that) he also informed us that it was our responsibility as we own the property. Since then we have had a leak detection survey carried out on the property, this survey confirmed that it was actually a communal pipe that was leaking and not the toilet. The leak was occurring when the flat above us used his bath room (shower, sink & toilet) so basically we was getting all of there dirty water leaking into our hallway, not nice! I have looked through our leasehold documents and agreements, there is a section on repair that states we are resposible for 'pipes drains and wires which are in the premises and are enjoyed or used only for the premises and not for other premises in the building'. Now the pipe that is leaking is not just our, it is a communal soil stack pipe, used by property above us, us and downstairs. I have called our management team and quoted this article in the leasehold documents but they are still adamant it is our responsibility as they say the pipe just serves our property. They are being so stubborn, I'm not sure what else to say or do as I feel it's down to them to repair. Any help would be appreciated.

Thanks, Alex

troffasky

I don't have a specific answer for you but have a read through this:


https://www.lease-advice.org/advice-guide/living-leasehold-flats-guide/


You might find something useful.

oldernonethewiser

Sounds as if you have hit a brick wall with the company. If there was damage to the pipe caused by you then I could see where they were coming from but a communal pipe is the responsibility of all parties.


Might be worth a call to CAB. Is there a disputes procedure that you could instigate with the managing company?

renegadefm

Did you have a word with the ones above to try and resolve it together? I know its probably not the legal answer, but I bet if they knew what it was causing you, if they got any decency about them they might share costs. If its a leaky soil pipe its probably not that expencive to do.

That said, have you got any kind of insurance to do with the property that might cover it?

renegadefm

Also the company should take this seriously if its a soil pipe as your likely to get ill from it. Ring Trading standards and they could force the company to help.

renegadefm

Just spoke to my partner about this, she said she had a simular problem years ago, and the environmental health people shut the flats down, and the company was forced to re-home the people. Might be worth ringing environmental health team. Even if its the only way to make your company listen.

melb

or maybe Environmental health as well

renegadefm

Scant123, how did you get on?

Scant123

Thanks everyone for your advice. We took out contents insurance when we moved in, we didn't need building insurance as the managing company had there own policy covering the building. We have contacted the insurance and they said the building insurance does not cover the plumbing of the building so they won't do anything. I have been on the phone to the managing company today trying to talk some sense into them about how the pipe is communal and not just exclusive to our flat, they are still having none of it! They are not taking the situation seriously, I have a 2 year old daughter in the property but they couldn't careless. I will take your advice and probably contact environmental health or trading standards to see what they say

Thanks

renegadefm

Scant123, ok please let us know how you get on. Thanks

Norman_Castle

I have called our management team and quoted this article in the leasehold documents but they are still adamant it is our responsibility as they say the pipe just serves our property.

Provide proof that it is communal. Suggest as it is your pipe you are entitled to block or remove it, advise the upstairs neighbours they need to contact the management company to make alternative arrangements for their waste water.