Our seafront apartment has a leaky ceiling and floor. What can we do?

We have an apartment on the seafront in the west of Ireland. In April 2021, leaks appeared on the ceiling of a bedroom while a leak at floor level in the living room caused the floor tiles to loosen. The management agent, at the time, did nothing and gave up the contract. There are over 40 apartments in the block paying €1,500 in service charges each year.

A new managing agent took over and I reported the leaks to them in May 2021. A contractor visited our apartment and we pointed out the leaks. He carried out work outside but did not remedy any of our issues. I have emailed the managing agent repeatedly (over 15 times) and both my wife and I have tried calling them but with little success. A year later, none of our issues have been resolved.

I feel we have paid our €1,500 service charge for little return. We have been operating without a second bedroom. Last weekend, we had a friend staying with us who suffered the ignominy of being woken from the constant dripping of water from the ceiling above them. Any advice you can give us would be appreciated.

Finbar McDonnell writes: The fact that you had two leaks in a short period would give some grounds for concern and obviously it is not good that your second bedroom is effectively out of commission.

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In relation to the leaks, the first challenge is to establish their cause. For example, for the one on the bedroom ceiling, depending on the location of your apartment, this could originate on the roof, via an outside wall or window, or from an upstairs unit. The appropriate response will depend on the cause. A leak at floor level is more unusual and might indicate an issue with pipework in the development or within your apartment.

If there is at least a possibility that the leaks originate in the common areas (eg from a roof or shared pipework), then the OMC or owners’ management company, which is made up of yourself and the other owners of the 40 apartments, and its managing agent, should take a lead in identifying the causes. In the first instance, a plumber may be able to do this but, if further “detective work” is required, then assistance from a chartered surveyor or consulting engineer may be needed.

The legal responsibility of the OMC in this regard is normally set out in the legal documents that underpin the company. When you purchased the apartment, you would have signed a lease agreement that sets out the various responsibilities of the OMC and individual apartment owners in relation to the maintenance of the building. You must pay your service charges and keep your own unit in a good and tenantable state. The OMC will have responsibility for the good maintenance of the common areas as one of its obligations.

Seals failing

If it turns out that one or both leaks originated in another apartment, then the OMC should raise the matter with the relevant owner(s) and request that they make required repairs. For example, if a leak was caused by seals failing in a shower or bath, then responsibility will fall on the relevant apartment owners.

As regards payment for works required to fix the leaks and then ensuring they do not re-occur, this generally follows the respective responsibilities. As such, it is likely that the OMC should pay for the investigations to establish the facts. The fact that it seems not to have done so to date may indicate a shortage of funds. This should be a cause of concern for the apartment owners as a properly resourced OMC is critical to good management of any multi-unit development.

If the leaks were caused by a sudden and unforeseen event, such as a storm, then you may have a legitimate claim on the block insurance. The delays to date in dealing with the matter may not assist but submission of a claim may still be an option. Note that such policies normally have excesses so the first portion of the damages may not be covered. Also, block insurance relates only to the structure of the development and apartments so individual owners should have their own contents insurance policy, eg in relation to damage to carpets, furniture etc.

Survey

Two leaks in a short time may suggest wider water ingress issues in the development. It would be interesting to know if the OMC or its agent has had other owners in touch with them on this. If so, this may suggest grounds for a survey of the development as preventative action could help to avoid problems (and costs) later.

It might be useful for you to attend the next agm of the management company to discuss your experience on this matter. Perhaps you would be willing to put yourself forward to be a director so that you could work more closely with the agent as regards how future issues from owners are addressed.

Finbar McDonnell is a chartered property manager and a member of the Society of Chartered Surveyors Ireland www.scsi.ie