Who's responsible?

[jamesson]

My wife and I own a flat that we let out to a tenant. The flat is on the ground floor of a block with three others, all in a row. Ours is the third one along going from left to right. Recently, the second flat in got badly flooded. The problem was something to do with pipes near the water meters which are located directly in front of that particular flat. Luckily our flat escaped any damage but the first flat also suffered some water ingress. Both flats are now drying out with de-humidifiers.

The developer is Barratt Homes. They say that they employed Thames Water to lay the water pipes. Thames Water says they subcontracted the work to Clancy Docwra. South East Water is the local water company and they were called out to stop the leak (more like a river actually).

As you can imagine, nobody is taking responsibility for this. Barratt says not their fault, it's Thames Water to blame. Thames says nothing to do with us, talk to Clancy, and Clancy says South East Water took on the responsibility so it's up to them. South East Water says they have done no such thing and that it's Barratt's fault. Clearly they can't all be correct.

Although our flat seems to have escaped damage, we're concerned about where all that water has gone and whether or not it could be underneath our property. If it is, could this pose a problem at some point in future?

Any thoughts as to who is liable?

Thanks in advance.

[Mrs Trackside]

does this help? NHBC

[jamesson]

Had a look through that earlier. The NHBC website is as clear as mud in terms of what is covered up to two years, then beyond with all sorts of exclusions etc.

[MOTORVATOR]

Quite simply if the leak is your side of the meter then it is your responsibility and if the mains side then it falls on the water supply company, in this case south west water.

Thames water have been employed as a services sub contractor by Barratt and if the leak is your side then you need to politely explain to Barratt that you didn't buy a kit of parts and the problem is theirs full stop. If they wish to pass costs on to their subcontractor then that is their prerogative.

This is no different to your kitchen cabinets falling off the wall, you don't expect to be passed on to the carpenter.

[HiRich]

MOTORVATOR said:

Quite simply if the leak is your side of the meter then it is your responsibility and if the mains side then it falls on the water supply company, in this case south west water.

Thames water have been employed as a services sub contractor by Barratt and if the leak is your side then you need to politely explain to Barratt that you didn't buy a kit of parts and the problem is theirs full stop. If they wish to pass costs on to their subcontractor then that is their prerogative.

This is no different to your kitchen cabinets falling off the wall, you don't expect to be passed on to the carpenter.

I would agree with this, with one proviso - as it is flats, you should also consult your lease as the freeholder may well be responsible. You should probably advise the freeholder as you may need to utilise the buildings insurance that they hold.

[jamesson]

Thank you all for the replies so far. We're still looking into it, phone calls etc. I doubt it'll be clear for some time to come but I'll post the outcome when it is known.