Whilst excavating my sub basement I found a leak from a soil pipe which originated under the bathroom of the flat next door. The leak is percolating through a foundation wall and flooding my floor

I contacted the tenant, who then contacted their letting agent. We had a meeting to show the leak and to determine its source. We found that their toilet and bath as well as waste from the flats above drain through their flat to a manhole at their front door.

I contacted the council common repairs dept this morning. They said they wouldn’t investigate until the landlord had excavated to find the leak in the pipe. I said the contents of the pipe were leaking into my flat. That it seems wasn’t conclusive. Their bathroom floor will have to be lifted

I went to the letting agent and asked that they contact the landlord to have a diagnostic camera inserted up the pipe to determine where the leak was. I pointed out that the waste is washing out mortar in the wall and that we have seen rats and that all manner of nastiness is both under their bathroom and in my flat

I received an email from the agent this afternoon to say the landlord will not stand the cost of the diagnostic camera.

My intention is to contact environmental health and common repairs by email. I’ll copy in the email addresses of everyone immediately above my flat, some or none of whom may share the same drain. However all should be concerned that their foundations are undermined by the soil waste and of the rats. The flat with the leak has another common stair above it too. Repair costs would be shared amongst those who use the pipe

Is there anything more I can do to ensure that the landlord takes action to make good the repair? Surely they have a duty of care to their tenants and neighbours.

England or Scotland?

Who’s the freeholder? Should be covered under one of the leaseholder insurance policies or the combined buildings insurance for the whole building (freeholder).

The flat is in Edinburgh.

I’m not familiar with the freeholder / leaseholder designation.

it will more than likely be freehold. Most flats in Edinburgh are

Back to the council I would say – shared repairs service – this is what they are for if you cannot get agreement – but be very wary of them taking on the job.

NO factor I take it?

Jeremy, the last emergency repair undertaken by a council appointed contractor in my flat was an abomination. There is no way I’d let that happen again

Jeremy, the last emergency repair undertaken by a council appointed contractor in my flat was an abomination. There is no way I’d let that happen again

No factor

Are you able to speak to landlord direct?

The details of name are on Landlord register – and often some simple sluething will discover the phone or address.

IME agents are a layer of bureaucracy that you don’t need, and most landlords do want to look after a property.

The shared repairs service is different – and they have a mediation part to the process to try to get folk to agree I believe. However given the previous track record……………………..

I’m not familiar with the freeholder / leaseholder designation.

You must know this if you bought it. If you rent it, it’s your landlord’s problem, not yours.

Contact the legals on your house insurance to chase this and force the issue?

Flaperon – leashold is not common in Edinburgh.

In many cases, the public contact address for a landlord on the landlord register is their agent, but the register does contain the home address and the council has access to it.
There’s also a letting agent register that you can use to report the agent if you feel they are being obstructive.

I’d tell your home insurance people, who should hopefully be able to deal with the other flats’ landlords home insurance people?

Damage to the foundations of two tenements is pretty serious!

You could always get the Evening News sleuths on the case. Get your piccie in the paper looking all angry and mean, holding next door’s jobbie in your hand in your rat infested basement!!!!

Home Insurance, definitely. You can show what you’ve done to maintain your property , let them sort it out.
“You could always get the Evening News sleuths on the case. ” Ha.
Or ,there’s a consumer problem radio phone-in, near me (JVS on 3 counties beeb) that has excellent success rates. If there’s a beeb Scotland equivalent try them perhaps….
🙂

I phoned the common repairs dept at the Council this morning. They are sending an inspector immediately with a dye that they’ll put in the toilet of the neighbouring flat and those in the common stair above.

I felt reassured that should get things moving

You must know this if you bought it.

This is mcmoonter were talking about.

He didn’t buy it.

He inherited it from  someone in the 12th century and it lay forgotten and buried in undergrowth until one day, when he was planting petunias in his garden with a chainsaw, he accidentally stumbled across a four story tenement block in the middle of Edinburgh.

Flaperon – leashold is not common in Edinburgh.

Didn’t know that, thanks.

Perchy, that’s closer to the truth than you can imagine

Perchy, that’s closer to the truth than you can imagine

Was it Geraniums? 😉

Although in England not Scotland at our old house we had a situation where the soil drain serving 6 properties was blocked. The leak was under our garden but in the section of the pipe that served the other 5 properties (i.e. not our problem other than being our garden that was dug up). The landlord of the neighbouring house (which was actually the most effected as it had the lowest garden and hence became the flood plain) was dragging their heals. Someone reported it to the local environmental health office. They pretty much said fix it by X or we will and will then bill you all. As I understand it the landlord would not have been able to dodge paying this as 1/5th of the bill was legally theirs. I know Scots law is different but there must be a similar body in Edinburgh we the power to force the landlord to comply.

Dye test didn’t appear at manhole outside the neighbour’s door. I suspect there will be a dye infused puddle on my floor

Meeting with Council, letting agent and myself tomorrow

Cool.