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Specialist topic I know, but wondering if anyone has any knowledge in this area?
Four-storey tenement, my dad's flat is on the second-top floor.
Water ingress from the flat above (top floor), cause unclear - shower cubicle sits directly above the problem area, but the owner denies this is the source of the issue and attributes it to a leaking pipe from the adjoining top-floor flat (next close). Sounds unlikely to me but I have no way of knowing.
Building is self-factored, not sure what has to happen now (I've never owned a tenement flat). Neighbour who takes factor fee has suggested getting a plumber out in the first instance for a quote, but not much detail beyond that.
Does the factoring mean that essentially it makes no difference whose fault the leak is (if indeed someone is at fault) as everyone effectively shares the same buildings insurance policy?
No contents damage, and flat will be going on the market soon, so I'm just looking to get the damage rectified but not sure who pays.
i'd a leak in my flat once that flooded down stair, it's the person who's flooded that needs to claim on their own house insurance.
Edit: Person in the flat above needs to pay to get the leak fixed in their property. (the first port of call, obviously.)
How it went with mine anyhow, i never paid anything, was a rented flat.
My understanding, but probably not correct:
In theory I think everyone should pay. But check the deeds, and what the deal is with the factor. It varies.
Probably not the answer you were looking for.
PS. I live in a top floor tenement in Edinburgh, hopefully its not my flat leaking into your Dads.
If it's an issue coming from shared building fabric (ie. the roof) everyone pays.
If it comes from an individually owned source (ie. a flat) then they pay. You dad can claim on insurance but anyone wanting to fix the problem still needs to get at the source.
I'd bet the neighbour has a bodged in DIY bathroom and doesn't want it ripped apart.
There was a similar thread some time ago also Scotland based, should have all the info you need: http://singletrackmag.com/forum/topic/upstairs-flooded-our-kitchen-whos-liable
ehrob - if the leak has travelled the length of the M8, then maybe!
cheers seosamh/squirrel - given there's ambiguity over the source of the leak, but it wouldn't appear to be from a common area (ie the roof) I suspect it should be a straightforward insurance claim. Buildings insurance is down to the factor then, is that right?
We had an old tenement flat in Piershill. Next door neighbour had a leak next to our bathroom. He mentioned it to the council, who came round and removed our bath panel to check if we were the cause (we weren't) and then put everything back together.
Maybe check with the council, they might be able to insist the upstairs owner allows access for checks.
Buildings insurance is your own responsibility not the factors and the person who caused the leak is responsible for the damage to be rectified.
I once caused a huge flood into the office below that went into their server room ( big IT company) I was shitting myself but the damage was only cosmetic and they moved out soon after so it didn't cost me a penny
I owned an Edinburgh tenement flat for a few years and have been the victim (twice) and perpetrator (once) of water leaks.
It needs to go through the insurance. Your dad's company will go after the owner upstairs company. His claim that the water is from an adjoining flat is ludicrous. Water goes down, not sideways.
You could also let the guy upstairs repair the damage himself - I did that one time when the flat was sold, two weeks from key exchange and the workman upstairs sawed through a heating pipe. He did a good job and we kept it off the record. You guy upstairs sounds like a dork.
Have fun...
Edinburgh Council will take zero interest in privately owned flats.
Not really true Hels - if they can make money for their pet contractors they will. However I'd keep them away from it if at all possible given their track record.
You might need to pay the excess but pursue via insurance co. Even self factoring should have that.
Are you dealing with the tenant or the landlord? I've had results pestering the tenant when the land lord was a bit slow in acting.
There is often many internal drainage pipes in tenements and water can go surprisingly far. Another source could be old immersion heating systems with faulty ballcocks. The overflows are designed for a temporary over flow but there are some near me that have been flowing for 10 years. Most folk don't even know they are duff until a drain failure highlights the issue.