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Water Seepage problem from upstairs Flat

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  1. #1

    Join Date
    Jun 2024
    Posts
    3

    Water Seepage problem from upstairs Flat

    Hi All,

    I need help!
    I live in Le Prestige, Lohas Park. My flat has consistent water leakage from from the ceiling of bathroom. The problem was detected in September 2023 and it was well established it was fresh water leakage from the bathtub of the upper floor flat. From October 2023 till now 6 letters are written by building management to upstairs owner (who lives in China) and tenant but both parties ignored them & the few drops of water has changed into big flow & seepage into walls in 7 months. FEHD department has done tests as well but upstairs owner has ignored that too. The estate management has tried to call the owner multiple times & he stopped taking any calls from them. As a proof I have received assistance letter from estate management mentioning all the times they have tried to contact upstairs owner. But even with estate management & FEHD assistance the problem is nowhere close to be fixed.

    What are the next steps to take? Also the upstairs owner tenants are fully aware of the situation & I can hear them joke about leakage from balcony. Each time the building management comes to check they stop the water supply reducing the water flow but immediately after they leave they pour more water increasing the drops. I have taken enormous amount of pictures & videos & submitted to building authority. How to deal with such inhumane hostile neighbors legally?


    Thanks & Regards,
    Das


  2. #2

    Join Date
    Mar 2008
    Posts
    1,004

    As a victim of leaky neighbours heres my advice.

    If you are the owner, the next step is to commence legal proceedings. Hire a solicitor to send a pre-action letter demanding they immediately stop using water in the affected bathroom and take steps to repair the leak, failing which your solicitor will issue proceedings in the district court. That might be enough to force them into action.

    If the issue remains unresolved and the upstairs owner continues to neglect their responsibility, you will then need to instruct a professional surveyor to write an experts report confirming that the leak originates from the above flat, documenting the damage caused to your flat, and providing an estimate for the reinstatement cost.

    If you have home insurance, you can likely claim some of these repair costs (but not the cost of the report). Your solicitor will reference the surveyors report in the statement of claim which will be submitted as part of the legal proceedings against the upstairs owner.

    In the event that the upstairs owner fails to defend the proceedings, you may be entitled to obtain a summary judgment. This judgment can then be used to register a charging order against the property deed, which can help secure the payment of any awarded damages.

    PM me if you need a referral for a solicitor.


  3. #3

    Join Date
    Jun 2024
    Posts
    3

    Thanks, if I can ask, how long it look for your case to fix? I am now struggling for 7 months. The the upstairs is laughing and joking about the matter. Yes I have engaged solicitor & external surveyor but they take lot of time.

    How long it takes for court proceedings? My understanding is as management of the estate used the word "suspected" it can only go to tribunal & it might take years. What are the legal compensation that we can claim?


  4. #4

    Join Date
    Mar 2008
    Posts
    1,004

    Dont think they will be joking once the proceedings are issued. The key is your surveyor can give an opinion that the leak originates from the upstairs internal plumbing. Forget about relying on the Management Office or the Joint Office. Theyre only useful for documenting the complaints, but they wont lift a finger to help. Make sure your solicitor is decent and doesnt rinse you for fees.


  5. #5

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    4,147

    while getting the letter consider this: WSD recently shut off water to an entire building because one unit owner refused access/acknowledgement the water leakage, you should mention the flooding and waste of precious fresh water. Of course you not should make it widely known in the estate the source of water leakage.

    worth a shot: send any nasty flooding photos you have to HK01 (chinese online news) or hoy TV, perhaps with a note suggesting that WSD may cut off the whole building, like the recent case, due to the negligent owner above.
    If it is a drainage leak as OP suggests, that is public health issue, and FEHD is the responsible agency.

    Last edited by JAherbert; 16-06-2024 at 02:16 PM.
    misshappy26 likes this.

  6. #6

    Join Date
    Nov 2019
    Posts
    2,341

    Ask the Joint Office to apply to Courts and submit a Nuisance Order.


  7. #7

    Join Date
    Aug 2017
    Posts
    2,506

    Seriously though why is HK such a seepy/leaky city? Has no one heard of plumber's tape?

    JAherbert likes this.

  8. #8

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    4,147
    Quote Originally Posted by Cornmeal:
    Seriously though why is HK such a seepy/leaky city? Has no one heard of plumber's tape?
    because pipe joints, the weakest part of a piping systems such as town gas, sewer, waste, hot water and cold water pipes are all allowed within floors/walls, the joints eventually leak inside the floor/wall

  9. #9

    Lawyers will be expensive and will cost you a lot of money.


    This is what I would do.

    Do a land search to get the info about who the owner is. I am sure there is likely to be a mortgage and it will show who the bank is. Inform the bank . And also inform the bank about the tenant because your Landlord may not have gotten the bank's permission to rent out

    f


  10. #10

    Join Date
    Jul 2004
    Posts
    329

    Report to TVB 《東張西望》WhatsApp 報料: https://wa.me/60886600.

    It may help.