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I live in a flat within a building which has been converted into 4 flats. The top flat which is above mine has had cracked pipes / a leak and water has been dripping into my bathroom. She keeps turning the water off but, after apparently having it fixed, every time she uses the washing machine or shower etc it drips through again and is damaging the ceiling. On top of this, mushrooms are starting to grow where the walls meet the ceilings. When I spoke to her she says that she cannot afford to get it fixed and that insurance will not cover pipes. Unfortunately the management company is made up of her as the director and myself as company secretary. The four flat owners basically run it. If she is claiming that this cannot be sorted out as the director of the management company, I do not know what I am supposed to do next. We are both the owners of the flats..
Any advice you could provide would be much appreciated. Thank you. Clair
Hello, thanks for getting back to me
Unfortunately I have no idea at the moment as I only had a conversation with her last night. I extremely bad at dealing with confrontation and hoped that might be avoided.
With regard to the confrontation that you are bad at, you mightneed to get good at it!
Right, the legal situation: if these pipes serve her flat on theirown and don't serve anyone else, then she is responsible for them and she isalso responsible for any damage that they cause. If her insurance doesn't coverit, she needs to get better insurance and meanwhile, in the interim, find hercheque book because she is going to have to pay to this personally (get theboxing gloves out) if it is not covered by the insurance.
Please bear in mind that lots of people use the excuse that theinsurance will not pay as an excuse not to pay or as an excuse not to actuallyput a claim in because they do not want their premiums to rise next year!
If the pipes are pipes which serve all the properties also, thenthe management company/freeholders (all of you) are responsible for the costsbetween you.
At this stage, you are not bothered particularly how much it coststo fix her pipes, what you are bothered about is the cost of getting rid of thefungus, the damp, and redecorating.
If you have that all fixed and she does not repair the leak, thenshe is going to have to keep paying every time you sue her for the cost of therepairs, ad nauseam, ad infinitum, until she puts her hands in her pockets andfixes the leak.
With regard to flats I probably get more questions on hereconcerning leaks in flats where the upstairs one is leaking into the downstairsone and the upstairs one (surprise surprise) says that that is not covered oninsurance, than any other single category involving flats. Second to that comequeries over service charge I think.
I'm sorry to have to tell you quite simply that if she will notget the job fixed, you are faced with suing her in court although an initialsolicitors letter may focus her mind. I obviously cannot do anything about theconfrontation and if she takes umbrage at it I'm sorry to say that that issomething that you are going to have to deal with. You are obviously concernedabout upsetting her which she does not seem to reciprocate that concern for you
Does that answer the question? Can I assist further?
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Thank you so much :) I will get the gloves!
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