LEAKS FROM ONE FLAT INTO ANOTHER

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2 LEAKS FROM ONE FLAT INTO ANOTHER For people living in flats one of the most common issues to deal with is where there is a leak coming from one flat into another flat. It is also one of the most common claims for damage on our buildings insurance policy. Leaseholders who continually cause leaks or refuse to have the leak repaired in a timely fashion are in breach of their lease. The lease sets out express covenants for leaseholders to carry out internal repairs to their property. The remedies available to us to rectify a breach of this nature include: The right to re-enter the property to carry out repairs and to recharge the costs. We would do this via an injunction or serving a notice under Section 146(1) of the Law of Property Act Forfeiture proceedings if the above has not been complied with. This would allow the landlord to repossess the property either by actually entering the premises by peaceable means or through a Court Order. We really do not want to take the above action and hope that leaseholders will co-operate when their property has had a leak. HOW TO DEAL WITH: Leak from one leasehold property to another leasehold property If the leak is due to a pipe or apparatus that serves only the leasehold property it is up to the leaseholder to repair the leak. We would expect the two leaseholders to deal with the leak amicably between themselves. If structural damage has been caused to the leasehold property below, then that leaseholder can make a claim on our buildings insurance policy. Please note that staining to a ceiling and nonstructural damage is not covered under the buildings insurance policy and we would expect the two leaseholders to deal with this amicably between themselves or for the leaseholder who has suffered the minor damage to the property to claim this via their contents insurance or fix the damage themselves. If the leak is to a common pipe or apparatus then the leaseholder should contact our Repairs team on , or via h.repairs@stalbans.gov.uk If the leaseholder needs to call outside office hours they can contact our emergency repairs line on Leak from council tenanted property to another leasehold property If the leak is coming from a council tenanted property into a leasehold property, the leaseholder who is affected by the leak should contact our Repairs team on , or via h.repairs@ stalbans.gov.uk

3 If the leaseholder needs to call outside office hours they can contact our emergency repairs line on Our Repairs team will send out a contractor to fix the leak to the council tenanted property. The contractor may enter the leasehold property to carry out any making safe works such as making safe any lights that may be affected by the leak. The contractor will not repair the damage within the leasehold property. If structural damage has been caused to the leasehold property below, then that leaseholder can make a claim on our buildings insurance policy. Please note that staining to a ceiling and nonstructural damage is not covered under the buildings insurance policy and we would expect the leaseholder and the council tenant to deal with this amicably between themselves or for the leaseholder who has suffered the minor damage to the property to claim this via their contents insurance or fix the damage themselves. Leak from leasehold property into council tenanted property If the leak is due to a pipe or apparatus that serves only the leasehold property it is up to the leaseholder to repair the leak. We would expect the leaseholder and the council tenant to deal with the leak amicably between themselves. Please note that staining to a ceiling and nonstructural damage is not covered under the buildings insurance policy and we would expect the leaseholder and the council tenant to deal with this amicably between themselves or for the council tenant who has suffered the minor damage to the property to claim this via their contents insurance or fix the damage themselves. If the leak is to a common pipe or apparatus then the leaseholder should contact our Repairs team on , or via h.repairs@stalbans.gov.uk If the leaseholder needs to call outside office hours they can contact our emergency repairs line on BUILDING INSURANCE COVER It is important to note that the buildings insurance policy provided to leaseholders is not a maintenance policy. It is primarily to reimburse the cost if damage is caused by an insured peril. Under the terms of most leases it is compulsory for St Albans City & District Council to insure the building and for leaseholders to be members of the policy. That is why there is no need for you to take out any form of buildings insurance. The buildings insurance policy covers perils such as: Damage caused by fire, explosion, lightning Escape of water from tanks and pipes caused by bursting or freezing Falling trees or branches that cause damage to the building Subsidence Please note that you may have to pay an excess when making a claim. The buildings insurance policy does not cover wear and tear and general repairs and maintenance, such as repairs to gutters or to the roof. In essence the policy covers against any damage to the structure that your leasehold property may receive. General repair and maintenance issues to the structure of the building should be reported to the Council s Housing Repairs section on If you have any further questions regarding Buildings Insurance please contact the Insurance Department on or john.foster@stalbans.gov.uk Contents Insurance The buildings insurance policy does not cover loss or damage to your contents. You will need to take out contents insurance to cover your belongings.

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5 REPAIR RESPONSIBILITIES OF A LEASEHOLDER Your lease will require you as a leaseholder to keep your property in good repair and condition including fixtures and fittings. Please check your lease for a specific list of your repair obligations. Generally you are responsible for: All areas inside your home including services you use Ceilings (but not joists or beams) Floorboards and screeds, but not joists Interior plaster or other surfaces of the ceiling and exterior walls of the dwelling Interior non structural walls Entrance door(s) and door fastenings (but not the door frame), internal doors, frames and fastenings** Tanks/cisterns* Pipes, wiring, cables and conduits supplying water, electricity and gas* Pipes, guttering, drains and sewers removing waste water and sewerage* Anything installed for the supply of central heating and hot water* Fixtures and fittings e.g. bath, wc, gas fire, fireplace, kitchen units, etc Plaster work and internal decoration * The leaseholder is responsible for these things inside or outside the flat if they serve only the leaseholder s property. **Please note there are many variations to St Albans City & District Council s leases and therefore your lease may be different to the lease of your neighbour or another property in which the Council owns a freehold interest. It is important to check your lease for your specific repair obligations. LEASEHOLD ADVISORY SERVICE Please seek your own independent advice with regard to matters pertaining to the lease. For further advice you can contact the Leasehold Advisory Service (LEASE) on Their is info@lease-advice.org. Their website is The Leasehold Advisory Service is a Non-Departmental Public Body (NDPB) funded by the Government to provide free advice on the law affecting residential leasehold properties in England and Wales. New leasehold handbook A new leasehold handbook will be introduced in the new financial year to give leaseholders up to date information about their rights and responsibilities. The leasehold handbook will not be a substitute to the lease but will act as a brief user guide for leaseholders. We hope you will find this useful.

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