water leak, who is liable?

glyebra

Hi
First time poster, sorry if on wrong section.
how to deal with leaks

Thank you 

theoretica

What does your lease say about maintenance which is your responsibility and maintenance which isn't?

glyebra

thank you.

glyebra

Sorry just to add, we do have plant pots hanging on the balcony.

eddddy

A balcony leak typically won't be covered by buildings insurance - as it probably wasn't caused by an insured risk (like fire, subsidence, collision by a vehicle, etc)

Are they saying that they they want to 'damage' the balcony as part of their survey?

glyebra

 I have said I am not paying for a plumber to look especially as the leak has stopped. 

anselld

Regardless of the insurance situation you are not liable for the current damage unless you have been negligent.  Is the "balcony" properly designed to be used as such or is it just a piece of flat roof you have decided to put some furniture on?  If it is designed to be used as a balcony then it would not be negligent to use it for that purpose.

The problem now is that the finger has been pointed at your flat as the source of the leak so unfortunately it *would* be negligent not to investigate the source and you could be held liable if the problem continues or gets worse and if something in your flat is indeed the cause.

eddddy

Firstly, check your lease to double-check that you're really responsible for repairs to the balcony (it's likely that you are).

You could say that you'll pay the plumber's bill, if it turns out that it's due to a damaged membrane on your balcony - but not otherwise.

If it's leaking pipework, and it's your flat's pipework - again you're likely to be responsible for repairing the pipework. If it's communal pipework, you won't be.

Again, repairing a leaking pipe won't be covered by insurance - unless the freeholder has arranged 'trace and access' cover.

theoretica

Sounds confused - a plumber wouldn't deal with roof/membrane leaks, but with pipes.

But no, you can't safely assume all repairs and maintenance are covered by either insurance or the freeholder.

bouicca21

What sort of damage has occurred?  If it has occurred as a consequence of escape of water then that should be covered by the buildings insurance.  The insurance company would have an interest in exploring why and how the leak occurred, even if the cause proved not to be covered and had to be rectified at someone else’s cost.

searchlight123

presumably even if you had a damaged membrane on your balcony this would only leak onto the balcony below. where exactly has water entered the downstairs flat?