Responsibility for leaking pipe in flat
Responsibility for leaking pipe in flat
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Discussion

Sarah_W

Original Poster:

288 posts

198 months

Wednesday 10th March 2010
quotequote all
Having just refurned a flat last year and having now sold it, I'm going to buy another shortly.

I'm going to bid on a flat next week which is ground floor with 1 flat above in a converted Victorian terrace. One of the ceilings has come down and there's a leaking pipe from the bathroom in the upstairs flat. The pipe supplies their bathroom.

If I buy the flat, how do I go about getting this leak fixed? Technically it should be the leaseholder of the flat above who pays for it (he rents out the flat) and I'll be writing to him as the first port of call. However, in reality, is it hard to enforce him to make the repairs (it wont effect his flat and he will have to lift the bathroom floor etc at much disruption and cost), or do these things normally need to be claimed from the buildings insurance?

mk1fan

10,799 posts

243 months

Wednesday 10th March 2010
quotequote all
Depends what the Lease states. In extreme circumstances the Lessee (not the tenant) above could forfeit the remainder of their Lease back to the Freeholder.

Soovy

35,829 posts

289 months

Wednesday 10th March 2010
quotequote all


Budget for fixing it yourself.

Is it still a good deal?

Incorrigible

13,668 posts

279 months

Wednesday 10th March 2010
quotequote all
Soovy said:
Budget for fixing it yourself.

Is it still a good deal?
yes if the ceiling is already down it shouldn't be more than a few extra plumbing minutes

You'll need to speak to matey upstairs of course as you'll be turning his water off

In the unlikely event he gets a strop on, buy somewhere else.

Wings

5,902 posts

233 months

Wednesday 10th March 2010
quotequote all
Out of all the properties I own, the one that causes me the most problem, is a ground floor leasehold flat, and all due to plumbing leaks from the flat above. These leaks either originate from radiators, baths, showers, washing machines etc. etc.

If the OP intends to renovate the flat, then the plumbing leak repair and replacement of the ceiling should perhaps be the last on her work sheet rota.

Sarah_W

Original Poster:

288 posts

198 months

Wednesday 10th March 2010
quotequote all
Soovy said:
Budget for fixing it yourself.

Is it still a good deal?
It's a dead simple job to fix, agreed, but by doing so, I am taking a responsbility for the pipe in future. I'll also need to agree this with the freeholder and leaseholder above and that's assuming I can get access to the section of pipe that's leaking - it's an old pipe and there's no obvious leak point. Oddly enough, it doesn't appear to be copper, but looks more like steel painted black. A photo speaks a thousand words, so I've attached one :-)

mk1fan

10,799 posts

243 months

Wednesday 10th March 2010
quotequote all
I'd be more worried about that area of what appears to be very damp flooring falling in.

Sarah, you have no obligation to fix the pipe so don't offer to. The terms of the lease will detail who is responsible and as it is clearly a historic defect that the responsible person is fully aware of. Contct the managing agent / Freeholder and tell them they need to get it fixed in a timely manor. If it is not then you will repair it as best as access allows and deduct costs from any charges due. Secondly, that as you will be refurbishing the property that any further damages will be claimed against the Freeholder.

It's not a case of being a dick or bh. It's a case of asking and expecting people to forefill their responsibilities.

robinhood21

30,946 posts

250 months

Wednesday 10th March 2010
quotequote all
I doubt the pipe is the culprit as it looks to be an old gas-pipe. I expect the water is coming from above the floor. Maybe poor sealing around the bath/shower or some such...

Simpo Two

89,702 posts

283 months

Wednesday 10th March 2010
quotequote all
I thought 'gas pipe' as well. And leaks can go a long way and go on for years before anyone notices.

Wings

5,902 posts

233 months

Wednesday 10th March 2010
quotequote all
Management Company may only be responsible for exterior and communal areas of the block of flats. The responsibility therefore may rest with either the leaseholder or the occupant/tenant of the above flat.
Leaks from shower/bath surrounds and washing machines are a common occurrence with flats.

mk1fan

10,799 posts

243 months

Thursday 11th March 2010
quotequote all
I'd say the freeholder (and therefore their agents) has a responsibility to ensure that the lessees comply with the terms of their lease and not interfere with the quite enjoyment of the other lessees.

anonymous-user

72 months

Thursday 11th March 2010
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Might be worth doing a search for "old water pipes"

eg ( http://www.askthebuilder.com/506_Old_Water_Pipes_M... ) but that's american there's a few others, i had a root about, is the pipe defo water also maybe lead rather than metal if it's old.

Also the bit about no obvious leaks, after doing a bit of a job last week turned out the "nugget" rolleyes in his attempt to stop the bathroom floorboards sqeaking had screwed the floorboards to the joists but 1 board covered the water pipe biglaugh leading to possibly a similar situation, a slight constant drip/leak causing the damp ceiling below over a period of time.

Make sure the stopcock (both hot and cold, depending where the pipe runs etc) is "free" and can be turned off just in case, If not WD40 it before having a turn with your stilsons.

HTH smile