With regard to the confrontation that you are bad at, you might
need to get good at it!
Right, the legal situation: if these pipes serve her flat on their
own and don't serve anyone else, then she is responsible for them and she is
also responsible for any damage that they cause. If her insurance doesn't cover
it, she needs to get better insurance and meanwhile, in the interim, find her
cheque book because she is going to have to pay to this personally (get the
boxing gloves out) if it is not covered by the insurance.
Please bear in mind that lots of people use the excuse that the
insurance will not pay as an excuse not to pay or as an excuse not to actually
put 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, then
the management company/freeholders (all of you) are responsible for the costs
At this stage, you are not bothered particularly how much it costs
to fix her pipes, what you are bothered about is the cost of getting rid of the
fungus, the damp, and redecorating.
If you have that all fixed and she does not repair the leak, then
she is going to have to keep paying every time you sue her for the cost of the
repairs, ad nauseam, ad infinitum, until she puts her hands in her pockets and
fixes the leak.
With regard to flats I probably get more questions on here
concerning leaks in flats where the upstairs one is leaking into the downstairs
one and the upstairs one (surprise surprise) says that that is not covered on
insurance, than any other single category involving flats. Second to that come
queries over service charge I think.
I'm sorry to have to tell you quite simply that if she will not
get the job fixed, you are faced with suing her in court although an initial
solicitors letter may focus her mind. I obviously cannot do anything about the
confrontation and if she takes umbrage at it I'm sorry to say that that is
something that you are going to have to deal with. You are obviously concerned
about 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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