VIC Leak Issues in Apartment Underneath - What are my rights?

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codyy

Active Member
6 October 2015
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Hi all,

The apartment below mine has leaks into their ceiling. The issue has been present for almost a year now. I have had my balcony completely gutted and retiled (around September last year, I had it completely re done as I wanted to clear any leak issues and I wanted new tiles).

The leak issues are ongoing and appear to only be present in heavy rain.

I have had a plumber come in to have a look and allowed him to run water on my balcony gutter/drain for approximately an hour and the leak could not be replicated/forced.

He is now saying a flood test may be in order.

What rights do I have in terms of allowing access to my apartment? I'm getting sick and tired of being told my balcony is the issue when I've had it completely re-tiled, and when I've had water running on supposed problem spots near the gutter, and the issue not being able to be replicated.

Any advice would be greatly appreciated.


Cheers,
Cody
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
What has the Owners Corporation said? This may OC issue if rain is the cause of the problem.

Unfortunately water issues can be hard to pinpoint :(

In one way it might be better to co-operate because if more damages happens and it turns out to be your fault, then you are up for more costs.

But in any case I'd be querying the Owners Corporation as in many cases, but not all, they are responsible for the outside weather proofing.

You may need to pull out your title to see where the boundaries are of your apartment. Is it the inside of the wall, or the outside, or somewhere in between?

Welcome to the world of shared and divided responsibility.