Flats insurance; damage from leaking overflow pipe

[jude.slater]

Hi, please help. The Managing Agent of my leasehold flat says that it is up to the leaseholder ie myself to contract the neighbour of the flat above who is causing problems with a leaking overflow pipe. He did relent and write giving my details which is totally against dataprotection acts, I wan't happy. The Managing Agent says he cannot enforce the leaseholder to repair the faulty overflow. Additionally he says any calcium deposits on the main fabric of the block are not his responsibility. I say it is as this is classed as a communal area. He also said that I should have Landlords insurance as the property is sublet. I said I pay them the Managing Agent buildings insurance twice yearly, the only insurance I need (and this is not mandatory) is limited contents, for example if a leak from above caused damage to my ceiling. But any damage to kitchen/bathroom should be covered by the building insurance. The tenants have their own insurance for TVs etc. Interested to hear other's experiences, opinions.

[jeffrey]

1. Read your lease. What maintenace/repair covenants bind a leaseholder?'
2. How much of the building is a leaseholder's; and how much is the freehold reversioner's (common parts etc.)?
3. Read your Block Insurance policy- yes, even the small print! This explains for which elements a claim can be made.

[leaseholdanswers]

Hi, please help. The Managing Agent of my leasehold flat says that it is up to the leaseholder ie myself to contract the neighbour of the flat above who is causing problems with a leaking overflow pipe. He did relent and write giving my details which is totally against dataprotection acts, I wan't happy. The Managing Agent says he cannot enforce the leaseholder to repair the faulty overflow. Additionally he says any calcium deposits on the main fabric of the block are not his responsibility. I say it is as this is classed as a communal area. He also said that I should have Landlords insurance as the property is sublet. I said I pay them the Managing Agent buildings insurance twice yearly, the only insurance I need (and this is not mandatory) is limited contents, for example if a leak from above caused damage to my ceiling. But any damage to kitchen/bathroom should be covered by the building insurance. The tenants have their own insurance for TVs etc. Interested to hear other's experiences, opinions.

Absolute nonsense. If they are IRPM/ARMA or RICS then make a formal complaint.

You knocking on your neighbours door is a quick means of making contact and adjusting the overflow, or if he is a tenant his agent or landlord.

If that doesn't work then the repair of the interior of the flat must be kept in repair other wise they are in breach. Look at your lease, find the clause and quote that to the agent. Explain under the that the landlord is responsible for requiring the flat owner to carry out those repairs, and as agent theirs to organise.

Check the lease as there is a clause which sais that the landlrod is obliged to enforce the terms of the lease if you as a leaseholder request it.

The exterior of the building is for the landlord to repair, again via their agent, and can recharge the cost to the leaky flat owner.

Include in that letter that you intend to withhold the management fee in the service charge for failure to manage.

If they object then write to the landlord and make a complaint to the landlord