Leaking pipe responsibility - and drains too...

[NomoneyNohoney]

We have a first floor flat, where the toilet discharges into an outside pipe, which drops down into the underground drainage system. There is a pipe joint about a metre above ground level which is leaking. Is this our responsibility?

Morally, yes - it's a pipe exclusively for our sewage discharge. We own (leasehold) the top floor, the garden is owned by another leaseholder.

Our lease says our property is:
"(The First Floor Flat)

The whole of the upper part of the building, including the roof and external walls, down to the level of the bottom surface of the joists supporting the flooring of the first floor, but excluding the ceilings of the ground floor.

Part II- the retained Premises" (*** ie, the downstairs property/ies***)

Firstly, the whole of the Building (including the foundations and internal and external walls) below the bottom surface of the joists beams or floor slab of the First Floor Flat but excluding the parts of the lobby and staircase which form part of the First Floor Flat.

Secondly the garden area edged purple on the plan.

and in each case together with all service media and landlords fixtures and fittings in or upon such premises.

SCHEDULE 2
1) The right to shelter support and protection from the retained premises.
2) The right to the free passage and running of water gas electricity and soil to and from the demised premises through the service media in under or through the retained premises.
3)The right for the Lessee ... to enter the retained premises for the purpose of repairing rebuilding cleansing and renewing a) any part of the demised premises which is otherwise inaccessible b)any service media outside the demised premises which serve the demised premises or c) any part of the Building giving shelter or support. "

It seems to me that Schedule 2 , Part 3b indicates we have the right of access to service media ("service media means pipes wires cables conduits gutters wires drains cisterns and other media for conducting air smoke fumes water soil gas electricity and other things of a like nature.") That would be pointless if it wasn't our responsibility, so...

+

1) I think the sewage downpipe is our responsibility, but I'm sure we were told by the solicitor when we bought the property that pipes and drains were all the other parties' responsibility. Else, why specify our property ends at the underside of the floor boards? I don't want to have any liability for drains, seeing that I already have 100% responsibility for the roof, even thought it's of communal benefit, so whilst a leaking downpipe isn't that serious, I'd also like to use it as a way of clarifying about our drains responsibility.

Does anyone have any answers for this, the leaking downpipe and the drains responsibilities please?

[Clitheroekid]

As with all leasehold questions it's impossible to give a definitive answer without seeing the lease. However, I would be pretty sure that the pipe is your responsibility.

You firstly need to read the repairing covenant in the lease, but it will almost certainly say something like "The Lessee covenants to repair and keep in good repair the First Floor Flat ..." So that defines your responsibility for repairs.

why specify our property ends at the underside of the floor boards?

But it doesn't. The description of your flat includes the key words at the end of the description "and in each case together with all service media and landlords fixtures and fittings in or upon such premises."

The down pipe is part of the service media, and the fact that it only serves your flat means that from a common sense point of view it has to be your responsibility.

If you wanted to take a technical point you could argue that the pipe ism't actually "in or upon" your flat, as it's physically "upon" the ground floor flat. However, I don't think this argument would succeed if tested in court, and it would certainly not endear you to your downstairs neighbour. In view of the desirability of maintaining good relations with them I would just bite the bullet and get it fixed.

[NomoneyNohoney]

Thanks CK, you have said what I expected.
The lease doesn't mention drains at all - assume there was a blockage, for example: would I be able to disclaim all responsibility, or (as we have no management company) expect that all parties would share the cost equally, as we do with the buildings insurance?

[Clitheroekid]

Again, I'd need to see the lease to advise with any confidence. However, with drains, sewers and so on the normal provision is that the cost of their maintenance is shared between the owners. The relevant wording is usually at the end of or immediately after the main repairing covenant.