We’re a large property agency and two of our clients have recently had their properties damaged after a water leak from an apartment above them. Tradesmen visited the properties and provided evidence that the water came from the apartment above and not a communal pipe. We contacted the owners’ management company (OMC) of the building and provided evidence in video/photo form.
The OMC asked the owner of the apartment with the leaking pipe to contact us so they can repair our damage. In both cases, the owner above has decided to completely ignore communication. We asked the OMC to share their name and contact details so we could escalate the matter, but it says GDPR means it cannot help us.
We asked a solicitor, who gave an opinion that GDPR does not stop rule breakers from being identified and that that is not the purpose of the legislation. The OMC says it is getting its own legal advice, but that was weeks ago. The issue is frustrating as the OMC doesn’t contact us; we are always chasing it for an update.
An aggravating factor is that both damaged properties have tenants in them who are rightfully frustrated and have threatened their landlord with a Residential Tenancies Board (RTB) dispute if repairs are not carried out immediately. The landlord has the RTB breathing down their neck and the person who caused the damage seems to be hiding behind GDPR for the most part, facilitated by the OMC. Can you share an opinion on this matter?
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In both situations, after further investigation, we believe the person who has caused the damage has done so to other apartment owners previously and ignored their obligations successfully, so it seems like their “head-in-the-sand” approach has worked quite effectively until now. Many thanks in advance.
A water leak in an apartment block is the most common issue that arises for owners, and an OMC should have proper systems and procedures in place to be followed when a leak occurs as it will most likely affect a number of properties.
The OMC exists to represent all owners equally and fairly and it has a responsibility to step in and address issues. This means that owners should not have to deal directly with each other on such matters. In such instances a professional property managing agent should liaise with all parties to resolve the issue.
The OMC owns the apartment building and is responsible for insuring it. This insurance policy will include cover for leaks. The water may have escaped from an apartment, but in order for it to cause damage to apartments beneath, it will have passed through the common areas of the building; which pipe the water came from is not relevant here.
The fact is that the water leak occurred, it should be covered under the block’s policy and if the owner who suffered a loss wishes to make a claim, they are entitled to do so. Normally, there will be an excess on the policy. However, if the leak excess is higher than the claim, it will not be feasible to process a claim.
In your query you refer to “the person who caused the damage”. This language is problematic as it is important to understand that the water leak caused the damage and not a person.
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Another problematic statement in this query is: “The OMC asked the owner of the apartment with the leaking pipe to contact us so they can repair our damage.” Owners are not obliged to carry out repairs in other owners’ apartments. If there is damage in an apartment, it is only the apartment owner themselves who can carry out or instruct on repairs – and the insurance settlement will compensate them for that. In some exceptional cases the OMC may carry out repair works inside apartments, but it is usually up to the owner.
When calculating the loss suffered, the OMC should appoint an insurance loss assessor to represent the owners in the claim. They will negotiate with the insurer’s loss adjuster and they will agree on a settlement figure which will be offered to the owners who have suffered the loss.
When a water leak occurs, and it is not covered under the block insurance, the OMC does not have a role – it will be for the owners to resolve matters between themselves. Where a dispute arises, this will be a civil matter between the parties.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland
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