Leaking Shower Liability

Hello looking for advice as to whether I am liable for repair costs for a leaking shower.

I own a flat on the second floor of a building and in August I was informed there was a leak coming into the flat below. I had a plumber recommended by the management company come to my flat to find the source of the leak. I have a text from the plumber showing he said he had tested all appliances and there was no leak coming from the flat. My understanding at that point was that the leak must be coming from pipework and it would not be my responsibility to investigate - I said this to the management company.

Over the course of August I was sent a number of emails from the management company asking me to arrange repairs for the ceiling in the flat below. I said I would not pay as the leak had not been found to come from my flat and, as no cause had been found, painting the ceiling would only be a temporary measure.

In August the water stain had been improving as there had been no one in my flat for 3 months. We then had tenants move in at the end of August.

I didn’t hear anything else about this until the 2nd week in Jan when they sent me pictures of extensive damage to the ceiling of the first floor flat in the same area, a blown fuse and broken oven from all the water coming in. I replied immediately. The management company offered to send out the same plumber and I liaised with my tenants to faciliate this. He identified the shower as the issue - specifically the waste pipe wasn’t properly connected. He also recommened the shower be resealed. I’ve had the waste pipe fixed and am having the shower tray replaced and the shower area retiled. There hasn’t been any work to the shower since August and I reviewed videos from May and the seal and tiles were in the same condition so all these issues could have been identified and fixed in August.

To my mind either the plumber who gave the incorrect assessment or the tenant who allowed this much damage to happen over the course of over 5 months should be held liable?

The plumber not being able to locate the leak on his first visit has no doubt made the situation worse. In my mind as the landlord you are responsible for hiring the plumber even though he may have been recommended by the managing agent. The repairs to your own flat as well as the flat below would have needed doing anyway, although may be to a lesser extent if the issue had been located on the plumbers first visit.

I think that you would be liable as you were told about the fault but failed to fix it. You might have a case against the plumber, but you might spend a lot of time and money trying to hold him accountable, and still not be successful.

If you have building insurance and escape of water cover, you could claim the cost from the insurance company.

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