Who is responsilbe to source a Leak from flat above

I am in the ground floor flat of a 3 storey shared ownership development built in 2003. In 2004 a repair was carried out during the defects period to fix a leak between  the bathroom of the top flat which affected the bathroom of the middle flat. Since the initial repair the middle flat continued to suffer leaks from the top flat. In 2008 the leak affected both the middle flat and for the first time my flat. The housing association agreed to fix the problem in all 3 flats outside of the defects period. In 2009 the leak occurred again, this time only between the middle flat down into my flat. The resident in the middle flat maintains this is the legacy of those initial flat leaks. The leak is not constant but is intermitant; the frequency of leak is exactly the same of those originally experienced and explained as being a build up of water which then floods down. The water is coming through my extractor fan in my bathroom.The housing association say they will only get involved if I can produce an independant report that says that the source of the flood does not come from the flat above, but is an internal building problem. I have contents insurance and the housing association has building insurance, they say we are responsible for the pipework within our flat.  Where should I start, do I have to pay out for an independant plumber to access the situation or would my contents insurance pay for the initial investigations? 

Are you the owner of the

Are you the owner of the property under a long leasehold or do you rent the property from the housing association?

Are the middle and top flats privately owned or are they rented from the housing association.

Do you know exactly where the leak is coming from?

I need a little bit more information before I can give you any guidance on the next steps that you need to take.

I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.

Telephone 02476553181

Profile: I specialise in the following areas: All types of civil litigation / dispute resolution including - Wills and Estate Disputes (Challenging Wills, Claims under the Inheritance Act), Property Disputes, Commerical Disputes, Debt Recovery, Residential Landlord and Tenant Disputes (including issuing Housing Act Notices (Section 21 and Section 8) and recovering property for Landlords) Website: www.sarginsonslaw.co.uk Firm: Sarginsons Law LLP

There has also been a number

There has also been a number of discussions on this forum about leaks and you may find the following threads to be useful:

http://www.thelawforum.co.uk/damage-my-property-leak-upstairs-flat

http://www.thelawforum.co.uk/who-responsible-damage-caused-leak-flat-above-mine

 

 

 

I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.

Telephone 02476553181

Profile: I specialise in the following areas: All types of civil litigation / dispute resolution including - Wills and Estate Disputes (Challenging Wills, Claims under the Inheritance Act), Property Disputes, Commerical Disputes, Debt Recovery, Residential Landlord and Tenant Disputes (including issuing Housing Act Notices (Section 21 and Section 8) and recovering property for Landlords) Website: www.sarginsonslaw.co.uk Firm: Sarginsons Law LLP

More details re ownership of flats

All the flats in the development are shared ownership. I own mine 50% and pay rent on the other 50%. I know the person in the middle flat owns theirs outright (100%). The least the person in the top flat can own theirs is 50%

The lady in the middle flat has confirmed she has no leak within her en-suite bathroom; the previous leaks I'm told were the result of water stored under the shower bases, which were discovered when removed. I only have other peoples word for that as I have not witnessed that first hand. The housing association say the leak in my flat is unrelated to the previous incidents as it doesn't involve the top floor flat this time.

Under the Repair & Redoecorate section of the shared ownership lease it states" that the Landlord shall maintain repair redecorate and renew:-

5. (4)(b) the pipes were drains wires cisterns and tanks and other gas electrical drainage ventialation and water apparatus and machinery in under and upon the Building (except such as serve exclusively an individual flat in the building and except such as belong to any public utility supply authority)

I read into this that they are not responsible for the pipework in my flat, however in this situation it is unclear where the water is coming, the pipework is not in my flat but presumably above it! I believe I'm therefore not responsible, am I right? The trouble is it could either be from the flat above or the "grey" area inbetween both flats confusing me as to who is responsible. This is why they want me to provide the proof as to who is responsible. Is this fair?

Tishhome

The Housing Association

The Housing Association insures the fabric of the block. You have an interest in that insurance policy. Almost certainly that policy will cover will cover damage by water to the fabric of the building and as such you could make a claim on that policy in your own right. The HA must provide you with the details of that policy. You will be paying part of the premium in your maintenance charges.

If your contents have been damaged you should claim on your own policy.

Under the usual shared ownership lease you will be responsible for the services which exclusively serve your property as will the owners of the flats above.

As you say the HA will be responsible for the services which are communal.

If you want to establish who precisely is liable then I regret that the onus will be on you to establish the liability by the use of reports which clearly identify the the source of the problem.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

Thankyou

Many thanks for you reply. Thats what I suspected. Having spoken to my neighbour above they have agreed to bring in a plumber to investigate the source of the leak. We shall take it from there.

I shall spread the word about what a great website this is!

 

Tishhome

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