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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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There is a crack in the boss pipe connector on the communal

Customer Question

There is a crack in the boss pipe connector on the communal soil stack. My insurance will not pay for repairs because they say it is a communal fitting. The buildings insurance (coomunal insurance) says it is not communal and belongs to me. Neither insurance will pay. Who is right?
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.


Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

Because we are all in
practice with clients and court and other users, I might not always respond in minutes, particularly evenings and
weekends. Please bear with me in that case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.



Where is the crack?



How has the crack come about?



Who else shares the soil
stack?



Is it in the part used by
anyone else or is this part used exclusively by you?



What does your lease say
about your responsibility to repair this?



How much will it cost to fix?

Customer: replied 4 years ago.


in the boss pipe connector.


 


soil pipe is hidden between my bathroom wall and the common parts corridor.


 


no i dea how the crack occurred since the pipe is hidden.


 


the soil stack is shared by flats above and below me.


 


this boss connector is for connection to my amenities.


 


fixing the problem requires cutting the communal soil stack above and below the connector and then replacing the connector.


 


I own share of freehold.


 


cost to fix is approx £500-750

Expert:  Stuart J replied 4 years ago.


Boss pipe
connector is a generic term. It is a join in the main stack which allows
another pipe to enter from the side.

I need to
know whereabouts it is cracked? In the main body or in the branch which goes
off to your flat?

Customer: replied 4 years ago.


i have tried to send photos but it is not working. where cna i send photos to?

Customer: replied 4 years ago.

I have tried to send photos but will not allow me to send from this server (whatever that means). where can i send photos to?

Expert:  Stuart J replied 4 years ago.

It hasn't arrived. It happens from time to time.

Can u pls send to

touchwoodsden at yahoo dot co dot uk.

I will respond back on this thread

Expert:  Stuart J replied 4 years ago.




I
have the photographs. They arrived yesterday. I apologise for being so long
getting back to you.

If
you are in the top flat I think there is an argument that only you use this by.
If you are in a lower flat I don't think there can be any argument that this is
not shared fitting although there is a very (not very good) argument that only
you have the benefit of the connector, otherwise it would be a straight pipe.



On
these facts, I think it is the freeholders responsibility to repair and if the
freeholder will not repair it, then I think you sue the freeholder and it would
be for the freeholder to refer it to their insurance company and the insurance
company to deal, either paying the claim or arguing the toss with your own
insurance company.



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