FAQs

Water Escapes and Leaks

Swift proactive action and mitigation can mean a quick resolution to prevent damage.

Should you notice a leak in your flat, and you verify its origin is not from your flat, you should contact the neighbour above to determine if the source of the leak is coming from their flat, in order for them to track/trace and resolve the leak. This may result in a prompt resolution and fix.

If you are unable to contact the flat above, we will assist with trying to communicate with the flat owner, so they become aware.

The flat suspected of being the source of the leak or water escape should arrange, at their own expense, for a repair by a professional contractor.

As detailed in the leases, pipework serving the flat with the defect (internal and external) including joint(s) to the ‘Common/Freehold pipe’ is the responsibility of the leaseholder.

Check that your cold water stop cock operates correctly at least once a year.

Minor leaks between flats like a defective bath seal can impact the building insurance premium. If an insurance claim had been submitted for every leak in recent years, the insurance premium would have become significantly higher and many insurance companies would only offer cover with water related claims excluded from the policy.

View This Guide from The Property Institute and This Top Tips Guide from Aviva for guidance.

Fire Safety

View This Document from The Property Insitute for guidance.

View This Guide about e-bikes and e-scooters, from East Sussex Fire & Rescue Service, for guidance.

Alterations

When altering a flat in the UK, you generally need your landlord's written permission (a Licence to Alter) as most leases restrict changes, especially structural ones. Simple improvements might have fewer hurdles: check your lease for specific clauses, as unauthorised alterations risk legal action, while consent for improvements shouldn't be unreasonably withheld.

View This Guide from The Leasehold Advisory Service and This Flow Chart from earlkendrick.com for guidance.

Use This Sample Letter as a template, when requesting any alterations.

Windows

View This Guide from earlkendrick.com and This Guide from bereco.co.uk for guidance.

Noise Complaints

If your neighbour is a tenant, you could contact their landlord.

View This Guide from gov.uk and This Guide from Brighton & Hove City Council for guidance and procedurs relating to noise complaints.

Pets

Flat owners consult your lease.

Rented flats, view This Guide from gov.uk for guidance.

Use This Sample Letter as a template, when requesting permission to keep pets.

Renting

View This Guide from gov.uk for guidance.

Responsibility

• Leaseholders/Flat owners (including respective tenants) are generally responsible for damage/issues inside their flat, including if their flat causes damage to a neighbouring flat. You may need to consider a claim under your contents insurance (important for Landlords to investigate and make their own arrangements and ensure that they have comprehensive contents insurance that covers damage caused by leaks).
  Ensure that there is prompt communication with neighbours to mitigate damage so that leaks are resolved in a timely manner.
  Maintain details and records of leaks and take photos (if it is safe to do so).
• Freeholders: The Freehold Company will deal with claims for common parts and areas, including damage to the fabric and structure of the building.

Liabilities for Lessees

To avoid misunderstandings, the following clarifies Lessee responsibilities:

• The uninsured excess is recoverable from the Lessee who is responsible, even accidentally in most cases, for any damage.
• Where water leaks from one flat cause damage to another, it may be appropriate to:
  • Arrange for an electrical safety check of the flat(s) into which the water has travelled.
  • If necessary, use a dehumidifier to speed up the drying process.
  • In due course instruct a contractor to repair the affected areas. The total cost of these activities, or the value of the excess, will be sought from the responsible party when the next service charge invoice is issued.
• Repairing the root cause of the leak is the responsibility of the Lessee of the flat, which is the source of the water escape.
• The rectification of damage to contents/possessions, as distinct from damage to fixed installations or decorative finishes, is not covered by the buildings insurance policy, and usually falls outside of Freehold obligations under the Lease. Lessees are therefore advised to make contents insurance arrangements as required.

Insurance Claim

The Freehold Company / Building Administrator will open a claim for damage to the common areas

For water damage to your flat and caused by another flat, responsibility lies with the leaseholder/owner of the flat above. Please contact them and obtain their insurance details to commence your claim.

If the leaseholder does not co-operate, or if the origin of the water escape is not conclusive, it may be necessary to open a claim on the Buildings Insurance held by the Freehold Company, which may cover the damage to common parts. However, personal belongings and internal damage might be a matter for contents insurance.

To Open a Claim under the Building Insurance

1. The following will be required to be provided to the Building Administrators:
   • Date the damage was first discovered
   • Any formal correspondence
   • Quote for making good
   • Any emergency invoices
   • Photographs of damage
2. Insurance assessors will attend to assess the damage and root cause.
3. Repairs can be completed only once liability is determined. The insurer will only cover costs depending on policy and who is deemed responsible.

Insurance Considerations

Damage caused by incidents such as a broken pipe or an overflowing washing machine affecting electrics, paintwork, or wallpaper in the flat below typically forms part of a buildings insurance claim.

Where the cause is a fault in the building or communal pipework (including pipes passing through a flat), the repair of the defect and damage to fixed installations or decorative finishes (but not to contents/possessions) will be funded from the service charge and, if appropriate, by means of an insurance claim(subject to policy excess).

Here is a guide to view/download.

Freehold Company Directors Responsibilities

View This Guide from gov.uk and This Guide from servicechargesorted.co.uk for guidance.