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Not consistantly, last time this happened was 5 months ago. This time all the infomation I have is that it could be related to the heating as the water was hot and it has stopped leaking now.
I can appreciate that they have not found evidence of what causesthe leak but have they actually found evidence of a leak.?
I need to know whether there is a leak or not, however infrequentor spasmodic it may be
yes, last night their was a leak. their ceiling
this is what the neighbour wrote to me
Your bathroom at the back leaked all last night into my apartment and has damaged the floorboards and the ceiling above."
If it has done that, there must be some evidence in the upstairs flat.
Water does not leak out of a flat and cause damage to the one underneath unless it causes some kind of evidence where it has leaked from .
You are going to have to establish where the leak comes from in order to be able to fix it and also to be able to establish that it is coming from a pipe or fitting that you are responsible for .
I assume that your plumbers have removed copious floorboards around where the leak is coming through the ceiling .
I was for many years in the building trade so I know quite a bit about the construction of buildings
I can find no evidence unless I rip apart my bathroom.
My question is legally, on whom does the onus lie.
Building insurence, i.e the building as we are talking about the pipes potentially, or me?
HI I just need to understand the onus from a legal point of view. Of course if I rip up my bathroom I might find a leak. But then I would have to fork out payment for this.
I might also find that the leak is in the pipes, and then logically the cost is for the building to fix it
The leaks must come from pipes that you are responsible for andwhich serve the flat exclusively for you to be responsible. If the leaks comefrom your pipes, then you are responsible.
If they come from pipes which do notserve the flat exclusively or which you are not responsible for (unlikely underthe floorboards ) then you are not responsible for them.
the leak is going to be either in thebathroom fittings or the pipes and as I said earlier, if the pipes exclusivelyserve your flat , it doesn't matter whether they are under the floor, they areyour responsibility and not that of the freeholder.
it is not a case of ripping thebathroom apart, it is a case of taking up the floorboards ( which will havebeen up before because there are pipes underneath ) in the location verticallyabove where the leak is , to ascertain where it is coming from.
if it is not coming from your bathroom,then it would only be coming from the bathroom above, and in that case, therewould be ample evidence of it running completely through your flat.
If it is not coming from your bathroom but coming through a wallfor example and running through your bathroom and then out through the ceiling,then you have a claim yourself against wherever the leak is coming from.
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