Leaseholder advice

[Delainie]

Hello all, 

Just wondering if anyone could point me in the right direction. 

Regarding leak from upstairs, not sure who to contact when neighbour being totally inconsiderate. 

I thought I would write to leaseholders, however not sure of address. 

I have been told the building insurance would cover southwark to see if they can do any work to my lights and ceiling, however I've been told I would have to claim and I would have to pay the £500 excess, which is pretty unfair for me to have to pay! 

Would be nice to have considerate neighbours as It stands at moment, 3 days after leak, they called plumber, regardless my property being flooded and through my ceiling lights. 

The supply to the part it leaked from was turned off and the leak hasn't been fixed, which is causing me to not be able to use my lights plus pointless me calling electrician to check my lights, as when the plumber visits again, he told me he has to use a hearing device to find leak as pipes in concrete floor, and to allow him to do this the supply will have to be turned on again, which means for whatever lenght of time it takes to find where leak is, my ceiling will be flooded again. Thanks in advance 

[Sally Eva]

Are you a leaseholder or a tenant?

If you are a leaseholder then you write to the freeholder

if a tenant then to your landlord

[Penguin68]

If the leak comes from pipework in an upstairs property (and not, for instance from a hole in the roof!) then the liability is with the 'owner' of the upstairs property and their insurer - either the landlord if it's a tenant, or the leaseholder if it's a leasehold property. You should find out who is the insurer for the relevant property and contact them. Repairing your damage should be their responsibility. If you are a leaseholder you could also contact your own buildings insurer who will follow up with the insurer of the property above you.

There's always a complication when there are separate properties within a building and leaseholders, as there can be two buildings insurances, one for the 'exterior' of the property (roof, walls etc.) and one (or more) for the interiors of the apartments.

But if it's not your leak, you shouldn't have to be paying!

[Delainie]

Thanks for your reply, we are both leaseholders and the freeholder is southwark council. The council say its the responsibility of the leaseholder, they don't get involved. The building insurance covers external issues, and they told me I would have to claim and all they would do is make my electrics safe, ie turn off from fuse box, however all my lights are on same circuit board for half my flat, which would leave me in the dark! Plus they said even if it is a leak from leaseholder upstairs, I would have to pay £500 excess, not the neighbour. I may just have to call a solicitor for advice. Her dad told me Sunday they are not calling a plumber as he doesn't believe it is from their flat, and told me to shut up. So after living here 42 years I now have a neighbour who basically doesn't care whether my property is getting damaged. I had to say to the dad that he is making the situation worse and the longer the leak is left the more damage and I will have to take it to court. Considering it's my property getting damaged since 16th and plumber called 18th, it should have been me getting angry. Anyhow I think the only way to get advice is thru a solicitor as this is the, second leak since April and her stopcock in garden doesn't work so if this happens again I will be in same situation except I am getting my bathroom refurbished and will be worse if I get a leak from upstairs again.