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  • 2 Post By madal1
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Leak from apartment above

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  1. #1

    Join Date
    Jan 2022
    Posts
    5

    Angry Leak from apartment above

    Need some advice on what I can do about the apartment owner above us not fixing their leaking bath tub. They know it’s an issue as this is the third time now and I heard from concierge (after 2nd time) that they were looking to sell and not fix it but had promised not to use it (ignoring the fact that building management would mention this required repair to any potential buyer).

    Well, they’ve since used it, it’s now leaking again and from the WhatsApp conversation they had with my landlord it seems he has had to threaten to sue them. My questions are whether I can also do the same and whether anyone has experience or lawyers to refer?


  2. #2

    Join Date
    May 2011
    Posts
    178

    Call 1823 and say you suspect a leak from above. They will put your report through to the correct department who will send a letter to your upstairs neighbor and come out and do an inspection.

    aw451 and iqbo like this.

  3. #3

    Join Date
    Dec 2019
    Posts
    1,934
    Quote Originally Posted by iqbo:
    Need some advice on what I can do about the apartment owner above us not fixing their leaking bath tub. They know it’s an issue as this is the third time now and I heard from concierge (after 2nd time) that they were looking to sell and not fix it but had promised not to use it (ignoring the fact that building management would mention this required repair to any potential buyer).

    Well, they’ve since used it, it’s now leaking again and from the WhatsApp conversation they had with my landlord it seems he has had to threaten to sue them. My questions are whether I can also do the same and whether anyone has experience or lawyers to refer?
    You should quickly tell 1823. Send extra emails to BD and WSD too. If the owners are issued an order to repair by government, then such an order would have to be disclosed by the seller to the buyer.

    It would affect the sale price and thus speed up the repair (unless the landlord is willing to accept the loss to not deal with the trouble and the buyer accepts the deal as they plan to do renovation anyway - then enjoy the noise).

  4. #4

    I've been on both sides of one of these "leaky pipes from upstairs unit" cases.

    1. building management is generally unable to do anything - they don't have the power to force someone to fix a leaky pipe

    2. calling 1823 is definitely the right thing to do - in the end it was this which got the matter resolved

    3. I was advised by a lawyer who knows what he's talking about that it would be illegal for me to either block up the leaky pipe from downstairs or to rig a pipe to run the leak out the window

    4. on the other end of matter where it was my unit which developed a leaky pipe, it ended up taking nearly two months to arrange the repairs, The two difficulties being (i) that my tenant decided it was always "inconvenient" to allow people into the apartment to rip up the floor etc and (ii) the repair required drilling into the ceiling of the downstairs unit to fully access the pipe and the owner of the downstairs unit insisted on the leak being fixed without doing that (which was impracticable).

    In any case, calling 1823 is the best course of action.

    drumbrake and iqbo like this.

  5. #5

    The Buildings Department and Food and Environmental Hygiene Department have set up a Joint Office to look into water leakage problems in buildings. When you contact 1823 they are likely to put you in touch with the FEHD first. The FEHD will make arrangements to enter (a) your apartment to measure the degree of dampness at the leakage sites; and (b) the apartment upstairs to do coloured water tests down drains.

    If there is leakage via the drains, this will show up in your apartment and FEHD will issue a nuisance notice under the Public Health and Municipal Services Ordinance (Cap. 132) requiring the responsible person of the apartment above yours to take actions to abate the water seepage within a specified period.

    If the FEHD cannot identify the source of leakage from their colored water tests, they will refer the case to the Buildings Department who will then do another colored water test on the floor slabs of the bathroom/shower compartment/kitchen (excluding drains as drains have been covered by the FEHD tests). If the source of the leakage is identified, they will issue a notice requiring the owner of the apartment above to take remedial action.

    drumbrake and iqbo like this.

  6. #6

    Join Date
    Jan 2022
    Posts
    5

    Thanks all for the useful info! I’m going to let me LL know this so they can chase it up, otherwise I’ll do it myself.


  7. #7

    Two pronged approach. You landlord + your self.

    Send the above landlord a letter that you reserve the right to claim for unlimited expenses in any damage to your property caused by leaking, mould growing etc. and to your health. Give it to management to deliver to them and send it by registered post.

    see if they have put the property on the market to sell. Make enquiries.


  8. #8

    Join Date
    Jan 2022
    Posts
    5

    LL not the issue as he has been quite responsive about the whole thing (flat above is owner-occupied). He’s put in the complaint to 1823 as soon as I let him know about the advice on here.


  9. #9

    Join Date
    Aug 2007
    Posts
    937
    Quote Originally Posted by iqbo:
    LL not the issue as he has been quite responsive about the whole thing (flat above is owner-occupied). He’s put in the complaint to 1823 as soon as I let him know about the advice on here.
    The dispute with the flat above is the responsibility of the landlord. The issue can go on for a long time. The question for you is what you want to happen until such time as the problem is solved (or not). Assuming the apartment continues to be habitable, then you might assess loss of amenities and request reduction in rent to account for such.