Question:

Should my property mgt company detect and arrange repair of the water leak damaging the ceiling in my flat?

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my property mgt co (who manage the building on behalf of all unit owners) refuse to help with a water leak through my ceiling which occurs when it rains. The leak is in the middle of my flat, nowhere near an external surface. My upstairs neighbour has shown that there is no sign of water on his floor directly above my ceiling and says it must be seeping in from the roof of the building. The property mgt co says that my upstairs neighbour has made alteration works to the building exterior on his level (correct - he refloored and covered an outside balcony), and the water is probably seeping in underneath his new floor possibly along a wiring conduit. Due to no definite cause, neither neighbour nor mgt will take action. If neighbour should undo works I contend that my mgt company should handle this but they say I should sue and I don't see why I should be the enforcer. Any advice much appreciated.

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3 ANSWERS


  1. Document what you do to call their attention to the problem. That way when the problem gets worse you can sue for cost of repairs based on their negligence.


  2. have a search online, there is  a property mananagment company body, like OFCOM but i cant remember the name. If your company is registered with them, they can give you advice on what to do etc.

  3. If you have a management company you would be a lease holder and have a copy of the lease which should have been provided when you purchased the flat. In addition the management company would have buildings insurance. Don't telephone write a letter to inform them of the leak (keep copies of all correspondence) and state that you wish to make an insurance claim for the repairs for the water damage. This should get things moving, if you get a negative response again ask to claim on the buildings insurance, it would be up to the insurance company to action the repairs and appoint a surveyor to discover the scource of your leak. If you do not get a satisfactory result explain that you have no other option than to seek legal advise. You pay a management fee which should cover insurances  together with the upkeep running costs and maintainence of your property and if they fail in their duty to carry out this you may be able to get together with other property owners and if they are all in agreement you may be able to remove the existing management company and appoint new or form your own management company with appointed directors from the lease holders (unpaid) who will look after your shared interest. You would need to seek legal advise keep proper accounts and have a company accountant and run it like any other small business. At the very least the existing management company should hold an AGM for its share holders (you would be a share holder) attend these meetings and voice your opinion. This has to be put on record and will help if you have to resort to legal action. good luck

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