Leak into apartment

JJ_marton

Bit of a nightmare one, but basically my apartment has water leaking down through the ceiling of one of the bedrooms and the bathroom. I cannot find the source of the leak it seems to be from the apartment above which is controlled by the city corporation. They said they investigated the leak initially but as it turned out they hadn't. I've since emailed and rang on numerous occasions but never get a call back.`

Currently the damage done is the carpet destroyed, the wardrobe has no started to swell and will have to be replaced. Also I cannot rent out the room either it's now just lying vacant.

The management co. have tried to get onto the corporation too but they are been ghosted also.

So legally where do I stand, I have no idea where the leak is coming from and it may not even be the apartment above as water can travel. I would have thought it was down to the management co. to sort this but they say it's down to me to get the pursue this.

The management company should have the right to enter the apartment above to repair the leak if its causing damage to yours. Once the leak is located negotiate with the owner responsible for the damage caused to your place.

whippet

you will need to claim off the block insurance for damages (assuming you are the owner) .. there may be a hefty enough excess for you to pay towards any claim.

JJ_marton

https://www.boards.ie/discussion/comment/120094771#Comment_120094771

I'd have thought that too but so far they are pushing for the apartment owner (the corporation) to sort it. I'm more worried that the leak cannot be located or it could be a building fault say a roof leak, then where do I stand.

https://www.boards.ie/discussion/comment/120094825#Comment_120094825

I was told that, tbh I'd just go and replace the carpet and wardrobe myself than be hit with paying the excess. My issue is I can't even go ahead and do that until the leak stops.

AndrewJRenko

Are you the owner or renter?

Basically you should be dealing with the management company, and they should be investigating and chasing the other owner if necessary. Even if the apartment is let by the local authority, this may be the responsibility of the owner in the first instance.

You need to get serious with the management company, including legal threats if necessary.

JJ_marton

https://www.boards.ie/discussion/comment/120094909#Comment_120094909

I'm the owner.

JJ_marton

https://www.boards.ie/discussion/comment/120094909#Comment_120094909

I don't know what I could legally threaten the Management company with? Can I sue them for the damage and loss of income?

AndrewJRenko

https://www.boards.ie/discussion/comment/120094952#Comment_120094952

Yes, particularly damage caused the failure to act promptly.

If you’re not getting anywhere with the agent, try contacting the Directors of the management company, owners like yourself.

JJ_marton

I'm going to get back onto the management co. My feeling is that the management co. and the corporation are more or less on the same side as the corporation is a big customer of theirs as they manage apartment blocks all over the city. I'll make contact with the directors who are owners here too. Thanks

JJ_marton

Lit a fire under them all this morning so hopefully it can get sorted now but we will see have to see first..

wrt the damage in my own apartment taking out a claim against the insurance is not really an option as the excess is far more than the current damage. If the leak gets sorted I'm looking at a bill for a new carpet, Wardrobe and the cost of an Electrician to check out the electrics.

Would the small claims court be an option here as the 2k limit would cover the cost. But by taking a claim to that court would it go against me at a later date if more damage was done?

Chris_5339762

https://www.boards.ie/discussion/comment/120094825#Comment_120094825

Nope, sorry not the case. Only if the leak originates in the common areas is the management company (and the block insurance) responsible. They can gain entry to look though.

If the leaky pipes are in the apartment above, then you go after the owner. Block insurance is not relevant there I'm afraid.

MikeCairo78

https://www.boards.ie/discussion/comment/120095117#Comment_120095117

Dont confuse the letting company, whom are managing the property with the management company - the management company is made up of the apartment owners. There may be a level of trace and access on your policy to find the leak, but as previously advised most apartment block policies have chunky enough wet damage excesses

MikeCairo78

https://www.boards.ie/discussion/comment/120097898#Comment_120097898

The block policy is the only policy that can react to any water damage. Liability on block policies is only for the common areas, but the buildings are not just covered under "common areas"

MikeCairo78

https://www.boards.ie/discussion/comment/120097751#Comment_120097751

You could only claim for fixtures and fittings / structural damage under the block policy, you are the owner of your apartment and are then responsible for insuring your own contents under a contents policy in your own policy(nothing to do with the management company/block policy)

JJ_marton

I don't have Insurance on the apartment to cover water damage, the Insurer was clever enough to have a huge excess on that part. Either way I don't see why I should be claiming against my Insurance when it is the Apartment above that is at fault.

So I'm still wondering is going to the small claims court an option here as the damage so far is around the 2k mark.

whippet

https://www.boards.ie/discussion/comment/120097898#Comment_120097898

how sure are you of that? a relative had a very similar problem and had about €6k worth of damage from a leaky bathroom fitting from the apartment above.

Despite all his efforts he had to claim off the block insurance and fork out a €5k excess.

Victor

https://www.boards.ie/discussion/comment/120099180#Comment_120099180

Surely if the leak is coming from somewhere else, the claim is against someone else's insurance (the occupier, their landlord or the OMC) and it is for the other party to cover the excess?

whippet

https://www.boards.ie/discussion/comment/120099631#Comment_120099631

Yep that would be any normal person's thought .. but when my brother had to go looking for compensation he was met with this bizarre situation.

he was lucky that he had a tradesman as a mate who was able to ensure that the costs on the repairs that appeared on the quote were well in excess of what he was charged and so managed to break even when the excess was to be paid