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Urgent Course of Action for Leaking Ceiling caused by Unit Above!


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compensate, complain, damage, leaking, property

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  #1  
Old 18-02-2008, 03:37 PM
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Urgent Course of Action for Leaking Ceiling caused by Unit Above!

Hopefully some of you with more experience are able to help me out.

Scenario:
Have a private apartment run by a listed development group in HK. My master bedroom is damaged on the ceiling and walls due to leakage from the unit above. This is serious resulting in walls and ceiling being stained, even growth of mould and paint peeling.

Action Taken Thus Far:
Contacted the management who have seen and accessed the unit above stating some toilet pipe is at fault. They have contacted the owner but owner refused to compensate and management said that there is nothing! they can do if the owner decides so! Owner however mentioned (via the mgmt) that he will get it fixed without a timeline and he will NOT compensate for my repair of the ceiling/walls.

Advice Needed:
I would expect to talk to the owner directly and get things sorted but seems like the local way is to run and hide from the problem! (due to privacy issue only the mgmt can contact the owner)
Now, there is no timeline given to me from the mgmt as to when the owner will get it fixed properly since if I were to fix my apt now myself, it will not solve the problem when the leakage continues to damage it.

So what other options do I have on this?
Mgmt seems powerless, Owner doesnt seem to care whereby it must only be reasonable for them to compensate for the damage done.

Please help. Any suggestions or advice will very much be appreciated. (reply or pm is fine)

Cheers

Last edited by sp1key; 18-02-2008 at 03:40 PM.
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  #2  
Old 18-02-2008, 03:47 PM
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Go and have it out with them. Don't let them weasel out of it, just keep talking loudly for ages until they lose face. Make sure they give you a firm date when they will fix the leak. Then sue them.
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  #3  
Old 18-02-2008, 03:50 PM
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Is the problem with the owner of your apartment or the owner of the apartment above you?

If you're renting - does your rental contract have a clause stating that the owner is responsible for fixing damage?
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Old 18-02-2008, 03:50 PM
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Details of how to escalate with the relevant Government offices on this page: GovHK: Home Maintenance and Repair
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Old 18-02-2008, 03:58 PM
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Thanks for all the replies thus far.

KIA - It is our own property not rental. Problem is with the Owner of the unit above since his faulty toilet pipe is aparently damaging the ceiling and walls in my room.

PDLM - Tks, will read through that now
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Old 18-02-2008, 04:05 PM
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And whats stopping you from contacting the owner directly? He's only in the flat above you thus not hard to be able to have words with him, Get a letter drawn up and advise him if no effort is made to rectify the faults within say 10 days then you will issue legal proceedings.

And have you had quotes for the damage to be fixed?
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Old 18-02-2008, 04:15 PM
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hi jimbo, no quotes as yet. the unit is vacant therefore the owner is not there and due to privacy reasons, the mgmt would not disclose his contacts.

even if I got a quotation for fixing it, theres no point fixing it until the unit above fixes the source of the problem.

update: It is also possible that the current owner is trying to sell or have just sold the unit which adds to this mess and headache...

Last edited by sp1key; 18-02-2008 at 04:17 PM.
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Old 18-02-2008, 05:24 PM
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Send the owners, a letter by ordinary post and copy by registered mail,at the address of the flat above you.
Give the owner your contact number and ask him/her when they plan to resolve the matter. In meanwhile get a quote from your contractor and show it the owner when he contacts you.If your letter is ignored send him a legal notice.
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Old 18-02-2008, 05:27 PM
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You can look up land records and find out who the owner is.

http://www.iris.gov.hk/
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Old 18-02-2008, 05:48 PM
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thanks for the info thus far...

due to the condition of the place I would say one definitely cant live in that room for the time being.
just trying for the fastest way possible to solve this since legal etc will be take time (headache, what a start to the new year)!

^ iris.gov - seems like its a company the unit belongs too

Last edited by sp1key; 18-02-2008 at 05:57 PM.
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