Drains, sewer pipe leaks

I’d like to know who is responsible for the communal drainage maintenance, pipe leaks and sewage pipe in a block of 3 flats? leaseholders? management agent? insurance ?

We pay a fortune in service charges and all I ask, being ground floor, is that all pipework, drains and especially sewer pipes are regularly cleaned and maintained.
I’ve noticed, recently after gaining back my flat, that there is a communal external pipe which has been dripping over, who knows, how many years into my flat roof causing damage. Additionally all my drains are back logged as the kitchen and bathroom wont drain well. AND most importantly, the nasty smell from the corner of my kitchen, from a corner cabinet (no amount of bleaching/scrubbing will eradicate), a contractor investigating confirmed was raw sewage smell.

2 out of 3 pipes are communal (external and sewer). To investigate the sewer my kitchen has to be ripped out and no doubt replaced. I’m saying its insurance all day long but management are reluctant to entertain it despite the report’s suspicion of raw sewage - perhaps cracked pipe, saying a deep clean is all thats needed. I’m tired with these morons trying to pass the buck - any suggestions would be much appreciated.

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Communal drains are part of your service charge
It’s a category 1 hazard and they are obliged to deal with it through the buildings insurance ( that’s normally covered in your leasehold fees).
Report it to the ombudsman
Writer to them reporting raw sewage as a category one hazard
Inform that that should deal with it or matters will go to the ombudsman
You may require a solicitor’s letter too

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Ultimate responsibility lies with the freeholder(s). Managing agents just act on their behalf. Either get hold of your freeholder and if they insist you deal with the managing agent and the MA is not responsive proceed as suggested by A_A above but acting against the freeholder. Or, if it is share of freehold, the buck stops with you and the other shareholders. You, collectively, need to firmly instruct the MA to get it sorted.

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If you’re paying a service charge, then its likely a managing agent responsibility, but check your lease to be sure.

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Absolutely, its in my service charge. The management are in midst of a handover and the new one is reluctant to handle this claim - slippery.

The smell was detected in 2019/20 and I put it down to decomposing mouse/rat under floor board. Bleached/scrubbed the corner cupboard and rented out.
Getting possession of the flat in November, smell still there and strong. Got a contractor out who confirmed raw sewage smell but will need units ripped out to investigate- insurance!
Cant rent the flat out knowing this. The smell is a warning to potentially catastrophic consequences if ignored.
Managing agent’s response - give the kitchen a deep clean!!!***@

Ombudsman you say? is there specific one for this?

Your managing agent will legally have to be registered with one
Find out who it is

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Get the council involved

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So I got the previous insurance details and called up. They said it was a claim but as it was confirmed as raw sewage in November, its the new insurance under new management that was responsible. Got this in writing and sent it to them using the category hazard 1 wording. They’ve written back saying they misunderstood the ‘detection’ date to be back in 2019/20 when I first smelt it and mistook it for a dead rat !!@@. I couldn’t have been clearer in saying the contractor ‘recently confirmed’ the smell was distinctively raw sewage.
Moving on they’ve asked me to claim direct with the insurance to avoid paying them £70+vat per hour - I mean what does our service charge cover if they have to be paid extra on top to deal with claims? I find this ludicrous, is this even right?

Again you have been fobbed off
Ask them why you are paying that that’s what the service charge is for and where in the leasehold agreeement are they permitted to charge extra for doing their job

Now use ombudsman as a threat …,

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the management team when organising a job will add a% on to cover their time so a £1000 job may attract a15% on top . IE £150. . Sounds as if they are trying to help here, maybe.?

That’s if they order a contractor in to do work
Here there is a fee and that should cover them making an application to the insurers

I’ve just had a leak and my management company sorted it out
I didn’t and would not pay any extra
They take a huge pay from a leasehold yearly

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