Question 1

Water Leak

Accepted Answer

Q: We have recently experienced a water leak from a supply pipe. I would be grateful if you would help us to determine areas of responsibility for future incidents of this nature. I would be very pleased to know the legal aspects of the maintenance of pipework and stopcocks supplying the water to individual apartments. We have been informed by our water provider that their responsibility ceases as the supply main enters our property. The supply pipe then divides into 22 to serve each apartment in the four blocks. A main water stopcock is fitted in each line to the individual apartment and many leaseholders have opted to have water meters fitted. The line then goes into the leased apartment and in eight cases there is a further shut off valve outside the apartment. Inside each apartment is another stopcock. We have never established a clear policy for the maintenance and repair of the said water systems. The question is who is responsible to arrange and pay for repair or leaks in the stopcocks and the pipework? Should the leaseholder take responsibility once the pipe work enters their apartment? FPRA Hon Consultant Mark Chick replies: We have reviewed your lease and Clause 3 states that ‘The tenant hereby covenants so as to bind the demised premises with the lessors and as a separate covenant with the company and with and for the benefit of the flat owners and the remainder of the estate that throughout the term the tenant will:-

- Repair, maintain renew uphold and keep the demised premises and all parts thereof including so far as the same form part of or are within the demised premises all windows ……water gas and electrical apparatus and walls and ceilings drains and pipes wires and cables and all fixtures and additions in good and substantial repair and condition.

Further, in Clause 5, the lease states: “The company hereby covenants with the lessors and as a separate covenant with the tenant as follows:-

1) Subject to and conditional upon payment being made by the tenant of the maintenance charges (provided nevertheless that the obligation contained in sub-clause (c) of this sub clause shall be absolute and subject aforesaid);- “ to maintain and keep in good and substantial repair and condition;-

(i) The main structure of the development including the principal internal timbers and the exterior walls and the foundations and the roofs thereof with is main water tanks main drains gutters and rain water pipes (other than those included in this demise or in the demise of any other part of the development) (ii) All such gas and water mains and pipes drains waste water and sewage ducts and electric cables and wires as may be by virtue of the term of this lease by enjoyed or used by the tenant in common with the flat owners (iii) All other parts of the development not included in the foregoing sub-paragraphs (i) and (ii) and not included in this demise or the demise of the other part of the development

Therefore, what this means is that you, the tenant is responsible for the upkeep of the pipes and apparatus within the demised premises and the freeholder is responsible for the upkeep of the pipes and apparatus outside the demised premises. This is a initial view of the documents provided and therefore general advice. [Submitted February 2020]

Question 2

Water Leak

Accepted Answer

Q: We have recently experienced a water leak from a supply pipe. I would be grateful if you would help us to determine areas of responsibility for future incidents of this nature. I would be very pleased to know the legal aspects of the maintenance of pipework and stopcocks supplying the water to individual apartments. We have been informed by our water provider that their responsibility ceases as the supply main enters our property. The supply pipe then divides into 22 to serve each apartment in the four blocks. A main water stopcock is fitted in each line to the individual apartment and many leaseholders have opted to have water meters fitted. The line then goes into the leased apartment and in eight cases there is a further shut off valve outside the apartment. Inside each apartment is another stopcock. We have never established a clear policy for the maintenance and repair of the said water systems. The question is who is responsible to arrange and pay for repair or leaks in the stopcocks and the pipework? Should the leaseholder take responsibility once the pipe work enters their apartment? FPRA Hon Consultant Mark Chick replies: We have reviewed your lease and Clause 3 states that ‘The tenant hereby covenants so as to bind the demised premises with the lessors and as a separate covenant with the company and with and for the benefit of the flat owners and the remainder of the estate that throughout the term the tenant will:-

- Repair, maintain renew uphold and keep the demised premises and all parts thereof including so far as the same form part of or are within the demised premises all windows ……water gas and electrical apparatus and walls and ceilings drains and pipes wires and cables and all fixtures and additions in good and substantial repair and condition.

Further, in Clause 5, the lease states: “The company hereby covenants with the lessors and as a separate covenant with the tenant as follows:-

1) Subject to and conditional upon payment being made by the tenant of the maintenance charges (provided nevertheless that the obligation contained in sub-clause (c) of this sub clause shall be absolute and subject aforesaid);- “ to maintain and keep in good and substantial repair and condition;-

(i) The main structure of the development including the principal internal timbers and the exterior walls and the foundations and the roofs thereof with is main water tanks main drains gutters and rain water pipes (other than those included in this demise or in the demise of any other part of the development) (ii) All such gas and water mains and pipes drains waste water and sewage ducts and electric cables and wires as may be by virtue of the term of this lease by enjoyed or used by the tenant in common with the flat owners (iii) All other parts of the development not included in the foregoing sub-paragraphs (i) and (ii) and not included in this demise or the demise of the other part of the development

Therefore, what this means is that you, the tenant is responsible for the upkeep of the pipes and apparatus within the demised premises and the freeholder is responsible for the upkeep of the pipes and apparatus outside the demised premises. This is a initial view of the documents provided and therefore general advice. [Submitted February 2020]

Water Leak

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