Water coming in from flat above - any right to access?

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    Water coming in from flat above - any right to access?

    A block of flats, six floors high. On either the top floor or the one below there is a leak in the stack - the soil pipe. This causes flooding in the flats below.

    The freeholder (block is owned share of freehold) and managing agent have a plan to replace the stack and contractors engaged. They are unable to contact anybody in the top two flats. They are almost certainly buy to let.

    What right, if any, is there to access in the absence of permission?

    Thank you.

    #2
    the management company probably need a court order to gain access to resolve the situaiton. That may be a lengthy process at the moment, but unless the tenants grant access, I can't see any other option.

    Comment


      #3
      Check the land registry for names and addresses of the leaseholder. It's £3 each.

      Comment


        #4
        They should check the leases for any right to enter, but it would be unusual.
        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).

        Comment


          #5
          Managing agents are sloppy, they should have contact details for emergency. They should routinely out request for up to date contact information.

          Comment


            #6
            The lease should have a clause giving the right to freeholder or its agent (plumber) to enter the flat after serving 24 hours notice, and carry out emergency repairs.

            Comment


              #7
              Most leases have a clause allowing anyone (leaseholder or management company) right to access any part of the building for maintenance, especially the management company, in order to carry out it's functions.

              Failure to allow, therefore, is a breach of the lease, and the subsequent damage from not allowing access will be recoverable. I suggest the Man Co instruct a decent company specialised in leasehold litigation to pursue for breach of lease.

              Comment


                #8
                If this is a leaking soil stack (ie. toilet waste) then surely there's a potential health issue?

                In which case get the Council Environmental Health involved to give the MA a kick in the pants to get it fixed.

                Comment

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