Landlords grapple with rising maintenance costs
2 years ago | 3 comments
How do I get access to fix a water leak?
9:53 AM, 19th February 2024, 2 years ago
7
Hello, I have a ground floor flat with one flat above. I have water leaking through the bathroom ceiling from the flat above.
The flat owner said he has no problem and has refused access to the flat for an independent plumber to check the pipes etc.
The managing company do not want to know as the leak is from this flat. This is a constant leak causing damage.
The insurance company just want estimates to repair. But I need access to the flat.
How do I get access to fix the leak?
Thank you,
Tim
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Member Since January 2020 - Comments: 559
10:26 AM, 19th February 2024, About 2 years ago
In the first instance, the freeholder/management company need to get involved, whether or not they want to. That is where the contractual liability lies.
The neighbour above has are responsibility for creating a nuisance, outside of your contract.
If the neighbour won’t engage to assist then you will need to get legal.
Member Since October 2023 - Comments: 70
11:11 AM, 19th February 2024, About 2 years ago
Check what your lease says, but it is almost certain that the freeholder or management company have responsibility.
Tbh I am surprised the insurers would even deal with you since the policy will either be written to the freeholder or management company.
Also, there is no point fixing anything in your flat until the escape of water from upstairs has been stopped.
There will also be a policy excess £500 – £5000 which the owner of the flat upstairs will have to pay towards the repairs.
Member Since January 2020 - Comments: 1102 - Articles: 1
1:05 PM, 19th February 2024, About 2 years ago
Reply to the comment left by Tim Peters at 19/02/2024 – 11:11
The excess under the block policy is commonly paid by the management company/freeholder. They have the obligation to insure, they are the policyholder, they make the claim and it is most unlikely that there is anything in the lease to allow them to recover the excess from an individual lessee. The insuring obligation is part of their responsibility to maintain the building.
Member Since October 2023 - Comments: 70
1:30 PM, 19th February 2024, About 2 years ago
Not at all…. I deal with many leases on different properties and they all have clauses which allow the management company to recover any losses from the leaseholder of the flat which necessitated the claim.
Insurance excess is not a usually a service charge ecpenditure
Member Since January 2020 - Comments: 1102 - Articles: 1
2:38 PM, 19th February 2024, About 2 years ago
Reply to the comment left by Tim Peters at 19/02/2024 – 13:30
It depends on the wording of the lease – your experience is clearly different from mine.
Member Since January 2015 - Comments: 1447 - Articles: 1
6:25 PM, 19th February 2024, About 2 years ago
You should have been given, annually, a copy of the Insurance Policy in force.
Contact the insurance company and put a claim in for damage and repairs. Send a copy to the managing agents with a letter stating that you have given them reasonable time in which to deal with this issue and as there has been no action you have had no alternative but to sort the problem yourself.
Member Since January 2015 - Comments: 1447 - Articles: 1
9:02 AM, 24th February 2024, About 2 years ago
Reply to the comment left by Tim Peters at 19/02/2024 – 11:11
The management company will be the policy holder but each leaseholder should have their, and mortgage provider if they have one, noted on the policy so an insurance company ought to be able to deal directly with a leaseholder