How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3497
Experience:  Two years conveyancing experience.
13113900
Type Your Property Law Question Here...
Alex J. is online now

Hi, There is a problem with a rising main leaking (lead pipe)

Customer Question

Hi,
There is a problem with a rising main leaking (lead pipe) in the flat below one we own. To fix it, we have been advised that the plumber would need to take up our floorboards as it rises into our flat (and the leak may be in out flat also). The problem is that to do this will destroy our floor(laminate). The responsibilty for the main is joint liabilty (equal shares) in the lease (leasehold property). Is the owner of the flat belwo liable to contribute to the cost of replacing our floor to carry out the repair or not?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

If the cost of fixing the main and making good any damage is to borne equally then this would include the cost of repairing any damage done to your laminate flooring as accessing the main has to be included as part of repairing it.

Do you have the wording available that states it is a joint liability?

Kind regards

AJ

P.S I have to leave my computer briefly but will be back shortly.

I look forward to hearing from you.
Customer: replied 2 years ago.

At all time during the said term to pay and contribute one moiety of the expense of repairing maintianing and rebuilding the roof foundations and main strucuture of the building of which the demised premises form part and (b) a rateable and due proportion of the expenses of making repairing


maintaining supporting rebuilding and cleansing all ways passageways pathways sewers drains pipes watercourses water pipes cisterns gutters party walls party structures fences easements and appurtenances belonging to or used or capable of being used by the Lessee in common with the Lessor or the tenants or occupiers of the premises near to or adjoining the demised premises or of which the demised premises form such proportion in the case of difference to be settled by the surveyor for the time being of the Lessor whose decision shall be binding'


so it's 'a rateable and due proportion of the expenses re the pipes (we have an easement over the pipes).


what is a rateable and due proportion?


thanks,


rebecca

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The due proportion would be the proportion for each flat. This may be calculated as an equal sum for each flat or relative to the size of your flat, for example you pay £10 for every square foot you own.

If they have damage your property to repair a common, making good that damage undoubtedly falls within the repair. The repair bill should cover the repair to the pipe and making good the damage. If the neighbours have indicated that they wont pay to make good the flooring after the repair you could go ahead with the repairs and then you would have to sue them to recover the money.

The alternative although I am not inclined to recommend this, is that if they have confirmed in writing that they wont pay, refuse to give them access unless they pay the money up front. The only problem for this is it might perpetuate the damage in their flat which they will try and blame on you.

I am not sure what rateable means in this context. Rateable is normally a reference to the rateable value of your property as determined by the valuation office, this more applies to commercial property.

I look forward to hearing from you.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions