Waste pipes legality for freehold flats

[mc2fool]

You need to get your solicitor involved, ASAP.

Thanks mc2fool. What can my solicitor do except that I will end up owing a more legal fee, which I can’t really afford? I don’t wish to do thing just for my ego although I do feel being bullied.

Your solicitor can very likely do what you have singularly failed to, which is to get the management company to accept that the issue is one of the building and hence a communal matter that has to be dealt with. I.e. get the others to stop ignoring you and fix the problem.

It's been obvious right from the start that this is much more a legal responsibility problem than a plumbing one -- after all, this is the Legal Issues board that you've posted on -- and the plumbers you keep on getting in can't force the legal responsibility, that's what solicitors do.

Of course, you could skip the solicitors and take the company directly to court yourself. Are you prepared to do that?

Or you can just carry on being ignored.

[Patty313]

Thanks mc2fool. What can my solicitor do except that I will end up owing a more legal fee, which I can’t really afford? I don’t wish to do thing just for my ego although I do feel being bullied.

Your solicitor can very likely do what you have singularly failed to, which is to get the management company to accept that the issue is one of the building and hence a communal matter that has to be dealt with. I.e. get the others to stop ignoring you and fix the problem.

It's been obvious right from the start that this is much more a legal responsibility problem than a plumbing one -- after all, this is the Legal Issues board that you've posted on -- and the plumbers you keep on getting in can't force the legal responsibility, that's what solicitors do.

Of course, you could skip the solicitors and take the company directly to court yourself. Are you prepared to do that?

Or you can just carry on being ignored.

Welll said, mc2fool. Now I need to research for a solicitor. Thanks so much for all the pointers you’ve given so far.

Best
Patty

[mc2fool]

Welll said, mc2fool. Now I need to research for a solicitor. Thanks so much for all the pointers you’ve given so far.

What's wrong with the one you used to buy the flat? They'll already have all your paperwork (lease, freehold, id info, etc), and may even remember you and the purchase. If you go with anyone else you'll be paying them just to get going.

[servodude]

Welll said, mc2fool. Now I need to research for a solicitor. Thanks so much for all the pointers you’ve given so far.

What's wrong with the one you used to buy the flat? They'll already have all your paperwork (lease, freehold, id info, etc), and may even remember you and the purchase. If you go with anyone else you'll be paying them just to get going.

...unless they think this was something they should have brought up at the time?

[Crazbe7]

Your solicitor can very likely do what you have singularly failed to, which is to get the management company to accept that the issue is one of the building and hence a communal matter that has to be dealt with. I.e. get the others to stop ignoring you and fix the problem.

It's been obvious right from the start that this is much more a legal responsibility problem than a plumbing one -- after all, this is the Legal Issues board that you've posted on -- and the plumbers you keep on getting in can't force the legal responsibility, that's what solicitors do.

Of course, you could skip the solicitors and take the company directly to court yourself. Are you prepared to do that?

Or you can just carry on being ignored.

Welll said, mc2fool. Now I need to research for a solicitor. Thanks so much for all the pointers you’ve given so far.

Best
Patty

Now you are a Director you should be able to ascertain what areas are defined as communal and the responsibilities for their maintenance. You have previously said you do not pay into a maintenance pot.

If you really want to go the legal route have you checked your flat insurance policy for legal cover? It may be a much cheaper conversation as it is very easy for others to suggest appointing a solicitor. They will not be footing the bill!

Crazbe7

[mc2fool]

Welll said, mc2fool. Now I need to research for a solicitor. Thanks so much for all the pointers you’ve given so far.

Best
Patty

Now you are a Director you should be able to ascertain what areas are defined as communal and the responsibilities for their maintenance. You have previously said you do not pay into a maintenance pot.

If you really want to go the legal route have you checked your flat insurance policy for legal cover? It may be a much cheaper conversation as it is very easy for others to suggest appointing a solicitor. They will not be footing the bill!

Crazbe7

You don't need to be a director to ascertain that, it should be clear from the lease. However as the other two directors think that it's the OPs problem and not a communal one then there is a dispute about the legal responsibility for it, and she needs legal clout to sort that out, whether that's her solicitor or an insurance company solicitor. The idea of contacting her home insurance for legal cover was already suggested very early on in this thread.

[Crazbe7]

The idea of contacting her home insurance for legal cover was already suggested very early on in this thread.

Then it should be followed up before paying for your suggested 'legal clout'.

[mc2fool]

Then it should be followed up before paying for your suggested 'legal clout'.

Maybe so although sometimes a simple 50 quid letter before action from a solicitor can work wonders.

The important thing is for the op to pull their finger out before they lose the opportunity presented by the fact that the upstairs lessee is selling their flat, as suggested very early on in this thread (and not only by me).

This thread is now a month old. Has the op filed a formal complaint / dispute with the lessee and with the management company, as recommended? And if so has it been conveyed to the buyer's solicitors and to the buyer?

Yeah sure contact the home insurance but any further delays could end up being a lot more faff and a lot more expensive than a quick chat with a solicitor...

[Patty313]

Then it should be followed up before paying for your suggested 'legal clout'.

Maybe so although sometimes a simple 50 quid letter before action from a solicitor can work wonders.

The important thing is for the op to pull their finger out before they lose the opportunity presented by the fact that the upstairs lessee is selling their flat, as suggested very early on in this thread (and not only by me).

This thread is now a month old. Has the op filed a formal complaint / dispute with the lessee and with the management company, as recommended? And if so has it been conveyed to the buyer's solicitors and to the buyer?

Yeah sure contact the home insurance but any further delays could end up being a lot more faff and a lot more expensive than a quick chat with a solicitor...

Thanks so much mc2fool

I'm happy to report back that I finally got both the upstairs and downstairs' agreements to divert the pipes. I did contact my conveyancer at the beginning of the journey and they never responded. To be honest they were not that great but I only have one experience, so maybe that's standard. During the purchasing process, I had to be the one who kept chasing them, I almost lost my mortgage window by 1 day!

I actually found a plan from the council. It looks like the pipe was altered during the renovation when the extension was added to the downstairs Studio. That would be my last point to my neighbours to state that they misfitted the pipe in the process, hid the fact from me (they said the building was altered back in the 70s, early 80s by the previous owners), and caused damage to me and the building.

However, I'm pleased I don't have to do that to cause more awkwardness. Now I'm keen to find out whether the diversion can relieve me from any work that requires lifting my floorboard, to correct the stagnant water build-up situation. I'll keep you guys posted on how it unfolds.

I greatly appreciate all your feedback and support throughout the process.

Best,
Patty

[mc2fool]

Progress! Fingers crossed ...