Apartment Leak - Liability

M

Manic

Guest
Looking for a bit of advice

In my apartment complex one of the apartments on the first floor has a leaking radiator. In the past week it has started coming through the ceiling of the apartment directly below.

My question is who is liable to fix this?
Is it the owner of the apartment on the first floor or the management company?

Without going into a huge amount of the detail the owner of the apartment on the first is refusing to fix the problem and obviously the problem is an issue for the apartment below. The owner has been onto our management company requesting they fix same but I believe this is between both apartment owners. Am I correct?

I'd appreciate any advice ?

cheers
 
The management company are generally only responsible for "common areas" and the block insurance would extend to these and the main structural fabric of the block, including roof, walls, foundations etc. Internal components and fixtures within apartments are not included. Make a written complaint to the apartment owner and copy this to the management company; the inaction of the other apartment owner is causing damage to your apartment. Ask for a timeframe for repair work to be carried out; failing this you must resort to legal action as you have no way of preventing the water from entering your apartment.
 
Manic said:
the owner of the apartment on the first is refusing to fix the problem and obviously the problem is an issue for the apartment below.
Click to expand...

I find it of the most surprising and irresponsible than an owner would not fix a leak in his property, which as well as causing damage to appartment below, is also (certainly) causing damages to its own property (wall, skirting, floors, etc...).
Is he really the owner or is it rented?
 

I believe its rented thats the issue
 
Manic said:
I believe its rented thats the issue
Click to expand...

I think that explains the inaction on the part of the occupant. Ask the management company for the name of the owner, as Bacchus said I would be surprised that the owner would want this situation to continue.
 
Happened to friends of mine, the owner of the apartment where the leak occured had to pay for all damages (via nsurance).
Leo
 
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