Failed Driveway, Broken Water Pipe.

Dont_Walk

Hi, 1st time poster so please be patient.

I'm a leasholder for one property in a block of maisonettes/flats, our shared communal driveway (concrete) failed a few years ago and has been talked about to be completely excavated and relaid for the last couple of years, all the leaseholders have now chipped in several thousand pounds to get this work done which will start soon. Recently my water pipe started leaking and the problem has been located under this driveway, the water company have quoted for the repair which is just into 4 figures and doesn't seem too unreasonable given the work involved in excavating and relaying.

Obviously the management company wish to manage their costs and are keen for me to pay for this as the pipe only serves my property. However when I phone the water company they say as it's a communal area the 'Freeholder or agent of' would be primarily responsible with perhaps a contribution from me for any internal works. However when the management company contacted them directly they responed in mail that it's down to the lease agreement as to who is responsible. I've asked for clarification the the water company on their stance but I doubt they will wish to get involved in a deeper discussion.

Historically the water company would have fixed this as their responsibility goes up to my external stop-!!!!!!, however when a water meter was fitted years ago they centralised a new set of stop-cocks within this shared driveway, of course the failure has now occured between the old external stop-!!!!!! and the new one.

Wondering what peoples thoughts are on this or if anyone has had a similar experience?

I'm happy to make a contribution towards this but it feels a bit unreasonable to expect me to pay 100% when it may well be the broken driveway as a possible root cause of the problem, particularly as this area is on an incline.

Sorry for long post.

user1977

Dont_Walk said:

they responded in mail that it's down to the lease agreement as to who is responsible.

And what does that say?

propertyrental

Very hard to read your lease from here. What does your freeholder say?

our shared communal driveway (concrete) failed a few years ago and has been talked about to be completely excavated and relaid......

....my water pipe started leaking and the problem has been located under this driveway,

Surely the 2 jobs should be coordinated?

Dont_Walk

user1977 said:

Dont_Walk said:

they responded in mail that it's down to the lease agreement as to who is responsible.

And what does that say?

Thanks for replying,

It's quite long and hard to read but I think the relevant sections might be these;

Leaseholder : To keep the premises and everything attached thereto and used solely in connection therewith in good and substantial repair

Where the premises include ......... all pipes ........ solely serving the said flat.

Manager : That the Manager will keep the main structures properly repaired supported maintained and reconstructed and cleansed and will keep the Lessee imdemnified against all costs and expenses in connection therewith

The manager will maintain the amenity lands

Thankyou it was a useful exercise to read through this again.

The lease was written at the time when the stop-!!!!!! was within the boundary of my 'premises' and therefore maintainable by me, I cannot dispute that. However does it seem fair that they (new stop-cocks) are installed into central communal locations and we all suddenly have metres of extra pipework to be responsible for under a poorly maintained driveway which we are not?

I guess I'm just disappointed and hoping to reduce/share the bill. It's been a very expensive year so far already.

cheers

Dont_Walk

propertyrental said:

Very hard to read your lease from here. What does your freeholder say?

our shared communal driveway (concrete) failed a few years ago and has been talked about to be completely excavated and relaid......

....my water pipe started leaking and the problem has been located under this driveway,

Surely the 2 jobs should be coordinated?

Sorry I missed your reply.

I haven't spoken to the freeholder, I assumed I should go through their managing agent, who are pushing back on any responsibility. Do you think I should contact them directly?

I was told by the water company on the phone that this particular council freeholder has always taken responsibility in these communal area cases but I've only got that verbally from the one source. I thought it might be bad form to skip their appointed managing agent out but I've never been in this situation before so I'm not sure of procedures.

And yes I hope they can combine timings, it is a very large driveway many hundreds of square metres so a bit harder to co-ordinate than just a single vehicle drive.

cheers