Flat owner should Pay for repairs which are not common parts

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Damage to ceiling caused by upstairs flat.

I own the downstairs flat of a conversion, which I rent out to my tenants. The upstairs flat is owned by a different landlord, but we jointly share the freehold.

We are the only freeholders. Together we set up a sink fund which we pay into each month for communal repairs.

Recently a leak has come from the upstairs flat damaging the ceiling of my flat. The upstairs landlord has brought in a plumber to try to source the leak, which the plumber believes comes from the upstairs toilet.

I assumed that the owner of the upstairs flat (with whom I share the freehold) would not only sort out the repair of the leak but also pay for the repair of the damage to my ceiling caused by the leak. The section of damaged ceiling will need to be cut out, new plasterboard put up and the area repainted (I do not perceive it to be a huge job).

However, the landlord of the upstairs flat seems to think he should dip into the sink-fund to cover the cost of the ceiling repair.

I have explained to him that I believe he should be paying for this. I have never dipped into the sink fund to repair things that have gone wrong in my own flat, and the damage to my ceiling has clearly come as a result of his leak.

What are my rights here? Has anyone got any advice?

I have joint building insurance for the property with the other freeholder, but there is a £500 excess for leak of water.


07/03/2019 13:29

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