apartment leaked to downstairs apartment

Poc-ar-buille

Registered User
Messages
4
Looking for legal advice:
There was a plumbing issue on my apartment and it leaked down to downstairs apartment.
What happened was the cylinder started to overflow.
First off there is €5000 excess on any water claim so insurance not an option.
I immediately phoned plumber and he fixed the leak.
The ceiling on downstairs apartment has crack say 5 foot long.
The downstairs owner has asked builder for advice who says replace part of ceiling and re-plaster.
Cost €650 (not too expensive)
The management company has handyman who happens to be a plasterer and they are offering to fill and redecorate free of charge.
The downstairs owner say they need part of ceiling replaced and will cost me €650.
However it's my understanding that legally it's not my liability ??
Any experts can confirm / challenge?

I'm of the view
- not my liability
- happy to help
- management company will do the repairs
While I have every sympathy with the other party: I feel the kind offer to repair by management company should be considered first.
 

Andrew Murphy

Frequent Poster
Messages
67
Your flat, your leak, your responsibility to get it sorted out. Whether the work is undertaken by the management company or some other third party you should be proactive in resolving the issue with the affected neighbour.

Put yourself in your neighbour's position. Would you be happy if an upstairs neighbour caused damage to your apartment and then told you it was not their responsibility/liability to repair? I think not.
 

Poc-ar-buille

Registered User
Messages
4
I have every sympathy towards the other landlord

However as I see it the management company will fix the issue and restore the ceiling perfectly well

I don't understand why the need to replace any part of the ceiling for a small crack.

I would emphasise: I'm looking for "legal" advice
 

Palerider

Frequent Poster
Messages
1,366
If you want legal advice then an Internet forum no matter how good is not legal advice, see a Soicitor.

Suggest you offer to pay but do suggest the management companies offer to the impacted owner, if the owner wants a professional repair then that will be what he is entitled to, a restoration to the previous standard by a suitably qualified person.

Your unit caused the loss, you are liable.
 

Sophrosyne

Frequent Poster
Messages
984
This article may help, though it’s the other way round. It lists who is responsible for what.

The article may provide some insight, however I agree with @Palerider regarding legal advice.
 

Poc-ar-buille

Registered User
Messages
4
This is what I found online
And repeated number of times
And it's same as what the management company said
Its a matter of negligence, if I discover and leak and fix it I'm not liable for a neighbors costs, just my own. If I find a leak and leave it and I am now negligent so my neighbours' insurance company can claim from my insurance
 

Leo

Moderator
Messages
9,955
This happened to friends of mine a few years back, the owner of the apartment where the leak originated was found to be liable and had to cover all costs (they were significant in that case as the owner was away and the leak operating for a couple of days caused significant damage to wooden floors and other fittings in the apartments below.

I don't understand why the need to replace any part of the ceiling for a small crack.
Plasterboard expands as it absorbs water, once water damaged it's never the same again and is liable to fail in the future. It can also host mould growth if left untreated.

I immediately phoned plumber and he fixed the leak.
This suggests the leak was entirely within your property. I was wondering why the management company were so up-front about offering to carry out repair work for free... The usual thoughts posted on management companies here suggest they are usually not that proactive, and my suspicious nature was wondering if they were aware of a design fault.

While I have every sympathy with the other party: I feel the kind offer to repair by management company should be considered first.
Put yourself in their shoes. Would you accept a bodge job repair or would you try to protect your asset and get a proper job done? If someone hit your car would you let them take it to a mate who will patch it up, or would you prefer to source the job yourself where you will be sure it's done correctly. As with any repair work, they are entitled to choose who carries out the repair.
 
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