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water leak, who is liable?

13»

Comments

  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 October 2020 at 3:10PM
    glyebra said:
    ibb.co/56GVxg9
    Red arrow on previous roof.
    Green arrow on source of leak. 

    Thanks 
    OK, that is interesting from the point of view of the leak but it does not show the balcony construction (if any).   Do we have to assume you are avoiding the question of if it is reasonable to place furniture in that area?
    How does the leak get from your green arrow into the downstairs flat if not via your balcony?
  • glyebra
    glyebra Posts: 9 Forumite
    First Post
    edited 2 November 2021 at 10:07PM
     contents of the balcony become irrelevant as they cannot damage piping on the roof. 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 4 October 2020 at 3:30PM
    anselld said:
    glyebra said:
    ibb.co/56GVxg9
    Red arrow on previous roof.
    Green arrow on source of leak. 

    Thanks 
    OK, that is interesting from the point of view of the leak but it does not show the balcony construction (if any).   Do we have to assume you are avoiding the question of if it is reasonable to place furniture in that area?
    How does the leak get from your green arrow into the downstairs flat if not via your balcony?


    I'd certainly assume that the balcony should have drainage designed-in, so a leak in the overhanging roof should just run off down the drainage provision, same as wind-blown rain would.

    So if water is leaking through the red arrow, then it doesn't matter if it's from a roof leak or from weather... it's a leak on the roof of the floor below.

    A balcony like that that forbade furniture would be pretty damn miserable, though - and it's no surprise if occupants are ignoring that stipulation.
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 October 2020 at 3:37PM
    AdrianC said:
    anselld said:
    glyebra said:
    ibb.co/56GVxg9
    Red arrow on previous roof.
    Green arrow on source of leak. 

    Thanks 
    OK, that is interesting from the point of view of the leak but it does not show the balcony construction (if any).   Do we have to assume you are avoiding the question of if it is reasonable to place furniture in that area?
    How does the leak get from your green arrow into the downstairs flat if not via your balcony?
    A balcony like that that forbade furniture would be pretty damn miserable, though - and it's no surprise if occupants are ignoring that stipulation.
    Possibly, although we do not know the construction or even if it forms part of the demised premises on the Lease plan.  I have seen a few balconies like that which are not functional as a balcony, only as a roof. 
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