Water Leak outside Leasehold flat

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    Water Leak outside Leasehold flat

    hi,
    I own a purpose build ground floor flat.(build in 2003)

    There is an outside water leak on the secondary stop valve on the pipe serving my flat.

    This is located in the manhole where I can see 3 plastic blue pipes (one is mine that is leaking ).

    Had a SouthernWater engineer looking at it and he said that it is landlords responsibility, however after contacting managing agents (it it a RightToManage agent) they say that since the leak is on the pipe serving only my flat I am responsible to fix it. I mentioned a building insurance to them due to the underground nature of the leak that may have a potential to damage the building, and they say if I fix it quickly it will not damage anything - basically telling me to bugger off!

    But this is still outside the flat in the ground that does not belong to me so why should it be my responsibility?
    Anyone in the know to help me out here please?

    thanks
    S.



    #2
    We can't say without seeing your lease, but my expectation would be that you are responsible. I think it is fairly normal that the burden of repairs is devolved to as few people as possible, and that services that serve only one flat are the responsibility of the leaseholder of that flat.

    Insurers will normally only insure you against the damage caused by the leak not the cost of repairing it. If you want that sort of insurance, you need to take out one of the home maintenance plans offered by a number of specialist companies.

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      #3
      First of all, get it fixed and then worry about who pays for it.

      Liability for damage follows duty of care and negligence.
      You know there's a leak and are probably responsible for fixing it - if you don't and it turns out you are responsible for fixing it, you would probably be liable for any consequential damage.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        Thanks for replies.
        I had also contacted a solicitor and he confirmed this is a really grey area and will always be argued that since that pipe serves my property only I am responsible for that.
        After some hard time the managing agents gave me it I actually got the best outcome for me as Southern Water agreed to fix it free of charge.
        They still take their time to fix it, scheduled on the 16th, but all paperwork has now been signed off by all parties so hopefully I did all I could to ensure that it gets fixed so no negligence on may part.

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          #5
          I believe a lot of water companies do have discretionary payments for the first leak between their demarcation point and the internal stop cock. You generally only get one bit at this cherry, though.

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