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Water leak: within or without my demise?


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There has been a slight leak from the kitchen sink waste water pipe in my leasehold apartment. It has caused minor damage to the ceiling of the property below.

The managing agent's plumber has managed to identify the leak. It is within the space of my apartment but behind a wood partition that had to be cut away to gain access for inspection (and for eventual repair).

My question is, is the location of the leak witihin my demise (and so I will be liable for the repairs) or is it in common parts? My lease gives no clue.

And advice much appreciated.

 

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So it's within the 'four walls' of your apartment, ie your side of the structural wall? Presumably there was no access to it from anywhere other than your apartment? And the water pipe that leaked was used solely by you as the waste water pipe from your kitchen sink (not a shared waste pipe used by anyone else at the point of the leak)?

If that's the case I can't see how it's 'common parts', it's a leak within your apartment. How difficult it was to get to isn't relevant.

Unless there's anything specific in the lease about it (just spotted you say there isn't) I think it is your leak and you will have to pay the repair cost. Or claim the repair cost on your insurance, although if the leak has just come about gradually over time standard contents insurance probably doesn't cover it unless you have bought a specific extension.

Are you being asked by the owner of the apartment below to pay for their ceiling? That might be covered by the liability section of your household insurance but if it is a very small cost you might prefer to pay for it yourself and not involve your insurers so the owner below does not need to make a formal claim against you.

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