News Hong Kong Property & Finance

Water Damage from the flat upstairs

ORIGINAL POST
Posted by kashn 16 yrs ago
Sounds like an awful situation you're in. I had the exact same issue. Stains in the kitchen ceiling which started to crumble and then it started in the small bedroom. The owner on the 3rd floor refused to accept responsibility for a whole year!

A couple of us went to the hygiene department and lodged a complaint, they came and found the source of the issue - the bathroom floor.

Within 2 weeks, we could hear major renovations happening upstairs and found out that she ended up having to strip half of her apartment's floor because they needed to find all the leaks. But she was forced to do.


It's a hygiene issue so I think you'll be fine once she's ordered to repair. I think the govt gives loans on these types of things. Check it out.

Good luck.

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COMMENTS
spaceren 16 yrs ago
Sorry to read this. But I am surprised your builder didn't alert you to the issue - mine did, and the neighbour also refused to pay (never repaired that broken relationship). Got my builder to quote to fix it and I paid and had him do it - the cost (a few thousand) was much less than someone waste matter leaking and causing potentially significant health issues and having my builder ensured it was done right. So suggest you get your builder to give a quote to fix it - then get it done and move on, reimbursement by neighbour or not. That assumes they will give you access now, they may not. That's why I paid immediately as they needed access for a few days - where will they shower etc in that time? Don't think you can win, just try not to lose more.

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Nell99 16 yrs ago
As a common practice in Hong Kong, you can report the case to your property management office (if any) and the Property management staff will arrange a water test at your upper unit to find out the source of water.


If the source is caused by seepage from fresh water pipe, you can report the case to Water Supplies Dept, HKSAR as it involves wastage of fresh water. If the water is coming from drainage system, contact Food and Environmental Hygiene Dept (FEHD of HKSAR) as it creates nuisance and has hygiene problem.


Otherwise, you can simply call the government general hotline 1823 and they will help you clarify the case. (Remember to mark down the reference number for further use).


If your neighbour still reluctant to repair the sytem and repaint your ceiling , you can lodge the case to the Small Claim Tribunal and they will issue a summon/ order and demand your neighbour to carry out the necessary work.

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blessed 16 yrs ago
We had a similar situation with water stains on our walls. After getting in all the relevant govt departments, quotations from renovators, and a neighbour who refused to pay for the damages, we took the case to the Small Claims Tribunal and it was settled through mediation. The neighbours paid us a cheque to cover the damages and the case was closed.


If your neighbour continues to ignore you, you can put the case to the SCT although it's quite a time consuming procedure which involves some paper work it's worth it and if I remember correctly, the maximum claims there is $50K, which will cover what you've been quoted.

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C 16 yrs ago
Agree with above, in these cases court may be the only option. An aquaintence of mine was sued for just this type of issue, and she was forced to cough up in the end. Time consuming and aggravating, however.

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Globeint 16 yrs ago
Hi, I am the contractor that did the renovation on this flat, just for everyones information, We did alert the owner to the issue as soon as we seen it and addvised for them to report it when the person upstairs told the it was not from his bathroom.


I am more than willing to put in a quote for the work, However knowing the person living upstairs, I will need to know that if he will not pay then the lower floor owner is willing to cover the cost.


I feel very sorry for them as we have become more than just Contractor and client, we have become friends.

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associates 16 yrs ago
Dye tests for the dark stain in the bedroom offers proof leakage is from the bathroom above. Who carried out the dye tests – was it by a professional company? Did you appoint professionals to do infra-red scanning?


An excuse of flat upstairs ‘they have no money to pay for your repairs’ cannot void responsibility. A preliminary view is yes, he can be forced to pay for the repair however we should have more information to assist. We suggest you contact us for an initial interview for HK$2,500.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw


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