water leak, who is liable?

NameUnavailable

If it's a leaking pipe it should be covered by building insurance - it could be a pipe buried in the ceiling/wall?

Obviously until the source of the leak is identified they can't determine who is responsible or who should pay. Have you seen the damage in the other flat?

eddddy

NameUnavailable said:

If it's a leaking pipe it should be covered by building insurance - it could be a pipe buried in the ceiling/wall?

Just to clarify, if it's a leaking pipe...

• If the freeholder's buildings insurance policy has cover for damage caused by escape of water (which most policies do have) - the damage to the downstairs flat should be covered.

• If the freeholder's buildings insurance policy has 'track, trace and reinstatement' cover (which only tends to be in 'high end' policies) - the cost of finding the leak and making good in the OP's flat should be covered. e.g. The cost of hacking off plaster, and replacing it.

• The cost of repairing the leak will not be covered by insurance - but that might be a relatively cheap bit of plumbing work.

• There will be an excess to pay - perhaps as much as £500. Typically, the leaseholder(s) gaining the benefit pay that. So maybe the OP and the downstairs neighbour would each pay half.

glyebra

ith the roof as the pipe connects as high as this (the roof is definitely covered on the buildings part of insurance). 

eddddy

glyebra said:

(the roof is definitely covered on the buildings part of insurance). 

... but only for insured risks. 

If the roof is leaking because it's badly built or old - it won't be covered by insurance. And the damage to the downstairs flat won't be covered either. The freeholder would repair the roof, and recharge the cost to the leaseholders.

glyebra

Just an update. The leak has settled downstairs. 

Lunchbox

As someone asked earlier, is the balcony a ‘true’ balcony or is it an area of flat felt roof being used as an outside space?

eddddy

glyebra said:

Just an update. The leak has settled downstairs. I have clear evidence that there is a roof pipe leak. However, I am sure the management will look to lay the blame on our patio furniture some how. Will this become our word against theirs?

Thanks 

Have you breached the lease, or done something that a reasonable person wouldn't do? If so you might be liable for any damage you've caused.

Using patio furniture in a reasonable fashion on a balcony is reasonable.

But putting patio furniture on, and walking on, a felt roof that is not designed to be walked on is not reasonable (and is probably a breach of your lease) - and it's likely to cause damage. It won't be covered by insurance, and it's reasonable that you have to pay to repair any damage you've caused.


Edit to add...
It sounds a little like you're trying to provide limited information in your posts in order to get the the answer you want to hear. 

That's pointless. That can't help you in any way.

glyebra

(I am not drip feeding info to get answer I want, just drip feeding as more info becomes available) 

anselld

glyebra said:

 the balcony is part of the previous roof 

If the balcony is formed from the previous flat roof then it must presumably still be a flat (felt) roof.  What is the construction of the balcony "floor"?  Why not just post a photo then we will all know what we are talking about?

glyebra

g9
Red arrow on previous roof.
Green arrow on source of leak. 

Thanks