rising main, whose responsibility?

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Hi

damp patch on a lounge wall at chest height, wall separates lounge and kitchen. ground floor flat with one flat above, probably built 1920ish with kitchen added later, so the section of lounge wall that's now interior would originally have been an exterior wall i.e. pre kitchen if that makes sense? anyways had one company out to give advice. they say, given where the damp patch is and having checked visible pipe runs, the only conclusion they can reach without opening up the wall is it's probably a leaking rising main that serves the flat upstairs. the boy further advised that, in theory, because the rising main is after my stop-cock, it could be argued that any repair costs should be met by the upstairs property or at very least 50/50 as the pipe serves their flat even though it runs up through my wall?

for a second opinion i have british gas coming out as i have homecare with them. i notice in their exclusions it states this as an exclusion ... 'repairing water supply pipes shared with another property that are not your responsibility or outside the boundary of your property.' this seems to tie in with the other companies advice which was it essentially depends where the leak is coming from as to whether or not i'd be fully or partly responsible. some questions:

a) if it transpires the rising main is leaking and the leak is within my boundary i.e. no higher than my ceiling, is it my responsibility to cover the full cost of repair, or a 50/50 thing with upstairs?

b) if the leak is above my ceiling, am i responsible for covering any cost towards the repair?

c) either way, if it's the rising main, should i be asking the owner of the flat upstairs to cover 50% or all of my 'make good' costs i.e. redecoration etc? reason i ask is any damage has essentially been caused by a pipe that doesn't serve my property.

any advice welcome :)
 
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Boy? Isn't that a little rude you old fart?


What do you expect from a BG contract? Actual work?


What does your lease say?

I'd say 50-50 is your best hope.
 
The redec will probably be covered by your house insurance (but not the plumbing repair)
 
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i'm keeping everything crossed that, if it's a pipe within my section of the overall property and is deemed my responsibility, that british gas will repair it. their small print advises they do plumbing repairs up to value of £1000 inc vat and inclusive of gaining access and making good excluding redecoration.

my challenge maybe comes if they say it's outwith my boundary/responsibility as i'll then need to approach upstairs ...
 

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