Leaking pipe responsibility - and drains too...
Posted: November 12th, 2016, 6:24 pm
We have a first floor flat, where the toilet discharges into an outside pipe, which drops down into the underground drainage system. There is a pipe joint about a metre above ground level which is leaking. Is this our responsibility?
Morally, yes - it's a pipe exclusively for our sewage discharge. We own (leasehold) the top floor, the garden is owned by another leaseholder.
Our lease says our property is:
"(The First Floor Flat)
The whole of the upper part of the building, including the roof and external walls, down to the level of the bottom surface of the joists supporting the flooring of the first floor, but excluding the ceilings of the ground floor.
Part II- the retained Premises" (*** ie, the downstairs property/ies***)
Firstly, the whole of the Building (including the foundations and internal and external walls) below the bottom surface of the joists beams or floor slab of the First Floor Flat but excluding the parts of the lobby and staircase which form part of the First Floor Flat.
Secondly the garden area edged purple on the plan.
and in each case together with all service media and landlords fixtures and fittings in or upon such premises.
SCHEDULE 2
1) The right to shelter support and protection from the retained premises.
2) The right to the free passage and running of water gas electricity and soil to and from the demised premises through the service media in under or through the retained premises.
3)The right for the Lessee ... to enter the retained premises for the purpose of repairing rebuilding cleansing and renewing a) any part of the demised premises which is otherwise inaccessible b)any service media outside the demised premises which serve the demised premises or c) any part of the Building giving shelter or support. "
It seems to me that Schedule 2 , Part 3b indicates we have the right of access to service media ("service media means pipes wires cables conduits gutters wires drains cisterns and other media for conducting air smoke fumes water soil gas electricity and other things of a like nature.") That would be pointless if it wasn't our responsibility, so...
+
1) I think the sewage downpipe is our responsibility, but I'm sure we were told by the solicitor when we bought the property that pipes and drains were all the other parties' responsibility. Else, why specify our property ends at the underside of the floor boards? I don't want to have any liability for drains, seeing that I already have 100% responsibility for the roof, even thought it's of communal benefit, so whilst a leaking downpipe isn't that serious, I'd also like to use it as a way of clarifying about our drains responsibility.
Does anyone have any answers for this, the leaking downpipe and the drains responsibilities please?
Morally, yes - it's a pipe exclusively for our sewage discharge. We own (leasehold) the top floor, the garden is owned by another leaseholder.
Our lease says our property is:
"(The First Floor Flat)
The whole of the upper part of the building, including the roof and external walls, down to the level of the bottom surface of the joists supporting the flooring of the first floor, but excluding the ceilings of the ground floor.
Part II- the retained Premises" (*** ie, the downstairs property/ies***)
Firstly, the whole of the Building (including the foundations and internal and external walls) below the bottom surface of the joists beams or floor slab of the First Floor Flat but excluding the parts of the lobby and staircase which form part of the First Floor Flat.
Secondly the garden area edged purple on the plan.
and in each case together with all service media and landlords fixtures and fittings in or upon such premises.
SCHEDULE 2
1) The right to shelter support and protection from the retained premises.
2) The right to the free passage and running of water gas electricity and soil to and from the demised premises through the service media in under or through the retained premises.
3)The right for the Lessee ... to enter the retained premises for the purpose of repairing rebuilding cleansing and renewing a) any part of the demised premises which is otherwise inaccessible b)any service media outside the demised premises which serve the demised premises or c) any part of the Building giving shelter or support. "
It seems to me that Schedule 2 , Part 3b indicates we have the right of access to service media ("service media means pipes wires cables conduits gutters wires drains cisterns and other media for conducting air smoke fumes water soil gas electricity and other things of a like nature.") That would be pointless if it wasn't our responsibility, so...
+
1) I think the sewage downpipe is our responsibility, but I'm sure we were told by the solicitor when we bought the property that pipes and drains were all the other parties' responsibility. Else, why specify our property ends at the underside of the floor boards? I don't want to have any liability for drains, seeing that I already have 100% responsibility for the roof, even thought it's of communal benefit, so whilst a leaking downpipe isn't that serious, I'd also like to use it as a way of clarifying about our drains responsibility.
Does anyone have any answers for this, the leaking downpipe and the drains responsibilities please?