I am looking to have this situation rectified on a permanent basis. Would you advise me please on what I am able to inform them about what I could do legally to bring this situation to an end. I would rather not go through a legal process but would like to know what my next step could be in order to make them aware.... I have had enough.
I would like to enjoy living in my flat in peace and to be able to conserve my energy so that it can help me to minimize the adverse effects to me of my Multiple Sclerosis on my daily living and therefore my independence. Is there a possibility of saying that I will start a legal proceedings? If so, what would be the context?
thank you. I willtry to help you.
I will beoff-line shortly until tomorrow will pick this up then or some time over theweekend.
Meanwhile, I needsome more information.
Is the landlordof the upstairs flats the freehold landlord of the building or is he theleaseholder of the above flats?
Do the pipes inquestion serve the above flat exclusively or do those pipes serve anyone elsein the building? Do you know exactly what pipes they are that arebreaking/leaking and why? Why is it impossible to do a permanent repair?
I appreciate thatyou may not know the answers you are going to need to know the answers in orderto be able to pursue this and get it resolved.
If I have anindication of exactly where the problem is coming from and what the pipes do Ican answer you more accurately
Thank you for your reply.
Q. Is the land lord of the upstairs flats the freehold landlord of the building or is he the
leaseholder of the above flats?
A. He is a leaseholder
Q. Do the pipes in question serve the above flat exclusively or do those pipes serve anyone else in the building? Do you know exactly what pipes they are that are breaking/leaking and why? Why is it impossible to do a permanent repair?
A. The pipes serve the three flats on this side of the building. There should be independent pipes providing water to each flat (this is stipulated in the lease). He was found to be tapping into my supply pipe in order to serve the two flats above. This was independently verified by the water company supplying the water and independent plumbers.
The plumbers which were sent to repair each “problem” were employed solely by the landlord therefore were only allowed to do the repairs as stipulated by him. He has now made “arrangements” whereby the water supply to each of the above flats can now be isolated from within each individual flat. Until several weeks ago the access to the water supply serving the above flats could only be isolated by the plumber having to isolate their supply by using the feed pipe which is inside MY flat. The ability to isolate the above flats only happened a few weeks ago. Since then, an inspection of the present arrangements by the water company, have “a strong suspicion” that he is now still using my supply pipe but has arranged that the water supply to each of the above flats now have the means to be isolate inside each of the two flats. This is hard to confirm because the water company have not been given access to inspect the “arrangement” in the middle flat i.e. the flat directly above mine. Although he is using my pipe work I am NOT paying for his water supply any more. I now have a water metre which has been inspected by the water company and I am now receiving and paying for the water supplying MY flat only. It was the fitting of the water metre which highlighted the existing problem.
It is suspected that the pipe work, which was inserted when the flats were built, have been corroding due to the fact that they are going through concrete ceilings and floors. This has not been confirmed.
Q. I appreciate that you may not know the answers you are going to need to know the answers in order to be able to pursue this and get it resolved.
Q. If I have an indication of exactly where the problem is coming from and what the pipes do I can answer you more accurately
A. I appreciate this is a complicated and convoluted case. In my opinion the solution should rest with either the landlord or management company (either both together or separately.)
I am still willing to contribute to the cost of a permanent repair but as the management company and the landlord are both reluctant to agree on whose responsibility it is we keep going around and around.
I would like to know what I can do, as an INDIVIDUAL, to highlight what I can legally propose to both of them about my next step, as all the time they are disputing responsibility my health, my flat and my independence are being negatively affected.
That is why I am enquiring as to the possibility of a harassment case or any other case which would be possible to start if/when needed after informing both parties.
Why is the leaseholder of the falt concerened with supplying water to flats above? that doesnt make sense.
Who owns freehold?
Who own lease of each flat.
That will expalin
If he tapped into your supply,has your meter been supplying his other flats water? Do you have a meter?
Apologies for the delay. The answers to your questions are as follows
Q, Why is the leaseholder of the flat concerned with supplying water to flats above? that does`nt make sense.
A. The concern is over the fact that the supply of water should be independent into each flat.
Q. Who owns freehold?
A. Effectively no one. There are five lessors who are also lesses
Q. Who owns the lease of each flat
A. Each individual owner of the flat
Q If he tapped into your supply,has your meter been supplying his other flats water? Do you have a meter?
A. I do have a meter now which was fitted in August `12. The meter is now serving only this flat but the two flats above were receiving water which was coming through MY supply pipe (being tapped into) prior to the meter being fitted.
Q, Why is the leaseholder of the falt concerened with supplying water to flats above? that doesnt make sense.
That will explain
So the freehold is in 5 names or the name of a co of which you all own a share?
I need to know the legal structure.
Do you know exactly what flat this broken pipe serves? What exactly is the problem that it keeps leaking?
Apologies for the delay again. I am having computer problems at the minute!
Q.So the freehold is in 5 names or the name of a co of which you all own a share?
A. The freehold is managed by the management company who we employ. There are 32 flats in total with each owner having their own leese.There are 900+ years left on the freehold.
Q.I need to know the legal structure
A. I am not sure what you mean. Would you explain to me please.
Q.Do you know exactly what flat this broken pipe serves? What exactly is the problem that it keeps leaking?
A.The pipe serves the flat directly above mine. I do not know what the exact problem is, but as all repairs that have been undertaken have all been `superficial`, the leak comes back time after time.
The leak is in the process of being sorted again. Another sticking plaster repair no doubt!
The issue for me is, do I have the grounds for a harassment case or any other personal case? The landlord has known about the leaks coming into my flat intermittently for the past 6 years, yet he continues to have only temporary repairs carried out. He uses plumbers who will only do what he asks them to otherwise he refuses to pay them.
He is also aware of my health problems and the distress I am experiencing as a result of all this He is also aware that I live alone so sees me as an "easy target" in my opinion/
I amgoing to opt out of this for one of my colleagues. They will be along shortly Iam sure. The question is now open to all experts. Meanwhile please don't replyor it comes back to me. Thanks