Neighbour flat leaking pipes damaging garage
I live in a block of flats where we manage the maintenance and upkeep of the building in house.
However, one of the flats has had a really bad leak and they are on the ground floor and its leaking into the garage. This flat is tenanted, and so the estate agent is managing it on behalf of the landlord. We have called them up advising them to repair the leak for months on end but they just don’t do anything.
It is severely damaging the building and now we want to know if we can legally take action or whether we just deduct the repairs from their service charge.
What is the best approach to take?
Thanks
Dipan
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Comments: 15
6:35 PM, 8th July 2014, About 12 years ago
Hi Dipan,
Giving the extent of the damage to the property, I would say you could easily get a court case set up for negligence on the part of the letting agent’s contractors. Most of the time it is the fault of the contractor, putting the job off etc. My advice would be to ask the letting agent if the contractor has been informed. The most probable answer is yes. Until the property gets repaired, I would say keep on calling up the agent and remind them of the damage to the property and that you will set up a court case (optional). Just let them know you mean business and that it’s getting silly now!
Hope that has guided you in the right direction!
Member Since July 2013 - Comments: 186 - Articles: 2
6:54 PM, 8th July 2014, About 12 years ago
I beleive it would be the landlord who is respnsable for repairing the leak in his or her flat, but damage to the communal parts would be covered by the buildings insurance. There should be a section in the insurance called “trace and find” which basically means the landlord can claim for the cost of finding the leak ie..ripping the floor up or cutting holes in walls but the actual leak will be paid for by the landlord. As for the agent i would go down to there offices personally and speak to the manager and ask him what there problem is! If you dont get this sorted in the next 7 days then i will go to the courts to gain legal entry to the property by way of a locksmith to which you will have to pay for. That should do it!
Member Since July 2013 - Comments: 184 - Articles: 1
7:27 PM, 8th July 2014, About 12 years ago
Interesting BUT here’s a question. A tenant lives in a communal block of flats, on ground floor. In his kitchen a leak appears, a slow leak on a flat roof, that slowly causes damage to his kitchen ceiling and spreads (tenant is unaware as it is slow). WHO IS RESPONSIBLE, IS THERE A CLAIM ON LEASEHOLDERS INSURANCE? WHAT WOULD BE THE CLAIM?
Member Since July 2013 - Comments: 186 - Articles: 2
8:01 PM, 8th July 2014, About 12 years ago
It would be a simple claim on the buildings insurance for a leaking roof,or am i missing something lol
Member Since July 2013 - Comments: 184 - Articles: 1
8:26 PM, 8th July 2014, About 12 years ago
Hi Rob, I’m wondering if say the kitchen units got wet etc, would they be covered by the leak from the flat roof? Thanks, Kev
Member Since May 2014 - Comments: 13
8:34 PM, 8th July 2014, About 12 years ago
Reply to the comment left by “AA Properties Wales ” at “08/07/2014 – 20:26“:
It should all be covered by the building insurance
Member Since July 2013 - Comments: 184 - Articles: 1
8:42 PM, 8th July 2014, About 12 years ago
Thanks Malcolm, much appreciated. We are all in this together!! Landlords Unite lol!!
Member Since June 2013 - Comments: 11
7:37 AM, 9th July 2014, About 12 years ago
Check the lease. There is usually a block freeholders right of entry clause to enable entry and repair. There are two issues here – the leak and the damage. In the fist instance urgent attention is needed to stop the leak, the freeholder can probably force entry and resolve that and then the matter of damage can be resolved either via insurers or by action against the lessee of the flat. Do not deduct / add the costs to the flats service charges or you will come a cropper on service charge legislation. Steve
Member Since July 2013 - Comments: 305
9:14 AM, 9th July 2014, About 12 years ago
Reply to the comment left by “Rob ” at “08/07/2014 – 20:01“:
I think if the insurers knew the leak had been going on for months without anything being done they may well contest any claim.
Member Since July 2013 - Comments: 186 - Articles: 2
5:19 PM, 9th July 2014, About 12 years ago
Reply to the comment left by “Adrian Jones” at “09/07/2014 – 09:14“:
They may well do Adrian, in which case I would claim from the estate agents. I would explain this to the manager of the estate agents if it was me. I suspect the agent would then get there arse in gear. Or probably deny all knowledge of everything including the sky being blue.