Leak in Apartment

eoinkildare

Hello,
I live in a ground floor apartment. I have discovered that there is a leak of some sort, or at least extreme damp caused by something else. It is causing a problem with internal walls and the false floor, which are very wet.

To explain, I noticed some mildew on an internal wall. I went to wash it off and discovered that the paint was swollen slightly so I prodded it and poked through, discovering that the plasterboard is wet. I investigated further, pulling back the carpet and discovered that the wooden false floor is actually wet around an internal service door. I opened this service door and found that one of the pipes inside is wet. The plasterboard inside this service hatch is damp.

The reason I am raising this on the legal forum is, I am concerned about the exact liability in this matter.
The management company holds the buildings insurance with an insurance company. The management company is responsible for everything to do with the structre and externals of the apartments. This appears to be a matter for the buildings insurance. As far as I know, I don't own anything inside the service doors as they are part of the structre of the apartments as a whole.

If there is a claim to cover any potential works, will I be liable for the excess, which is €1000 for every claim? Also, will the building insurance cover re decorating the damaged area and replacing the wet carpet etc if necessary or is this a matter for contents insurance?

Also, if the liability has to be covered by a tenant, considering this water is most likely coming from an apartment above me somewhere, will it be me or someone else liable for the excess if the management company won't pay it?


Any and all actual advice is welcome.

Thanks,

Eoin

Tom Young

No advice. Charter.