Freeholder refusing to help with constant water leaks?

by Readers Question

9:55 AM, 7th September 2016
About 2 years ago

Freeholder refusing to help with constant water leaks?

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Freeholder refusing to help with constant water leaks?

I have been repeatedly flooded from the flat above me since 2008. The Burlington management company said that they cannot sort it out, no way to get access to mend the bathroom above. I have just received this:water leaks

“The new lease states that the rights of access to the flat are for the landlord to enter to inspect and notify the tenant the tenant or any wants of repair to the demised premises, they do not however extend to allowing the landlord to carry out works to the demised premises. The obligations within the lease only allow works to common conduits or building common parts. The solicitors have advised that to progress this issue you must either commence your own claim against the owner for nuisance, or give the Landlord an indemnity to take action directly for breach of the lease provisions. The Landlord however is not obliged to commence any action against the owner.”

What to do?

Lumi



Comments

Neil Patterson

9:58 AM, 7th September 2016
About 2 years ago

Hi Lumi,

That doesn't sound very helpful.

I would ask the management company for details of their block insurance company and put in to make a claim. This will spur people into action and increase the cost of the insurance every time you have to claim.

Bill O'Dell

10:32 AM, 7th September 2016
About 2 years ago

It sounds like the tenant/leaseholder is the responsible party in respect of the leak. You could try a Small Claim Court action to recover your costs - but only worth doing if they have resources to pay. If they don't you can take a charge out on the leasehold thus preventing any future sale until you are paid out.

Gary Nock

10:57 AM, 7th September 2016
About 2 years ago

Lumi -Neil is right. What normally happens in such cases is that an insurance claim is made and the flat subject of the leak above pays the excess. However be careful as the excess on most block insurance policies is about £350 and if the cost of repair to your flat is under that then a good managing agent will 'negotiate" with the flat above to pay it direct to you rather than involve the insurance. If however the leak is caused by a "common part" such as the main soil pipe or water main it is the responsibility of the managing agents to put right. Either way they are not being helpful.

Lumi Stanciu

11:43 AM, 7th September 2016
About 2 years ago

It seems that the bath tube is not fixed and any times the tenants have shower/bath, the water is pouring along the electrical bulbs from the celling or along the walls!!

Monty Bodkin

12:30 PM, 7th September 2016
About 2 years ago

What I've done in the past is talk nicely to the upstairs occupant to agree access for my plumber to fix the leak all at my expense. Get them to heavily silicone seal the bath whilst they're at it. £50, half an hours work, problem solved -must have cost you more than that in time, trouble and expense over the 8 years.

Its all very well demanding your rights, sometimes the pragmatic solution is best.


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