d. Tenants or occupiers of source flats

d. Tenants or occupiers of source flats 

The duty to maintain property in good repair and condition under section 34H of the Building Management Ordinance (Cap. 344) is restricted to owners only, excluding tenants or occupiers. Accordingly, a tenant or occupier will not be liable under section 34H simply because water seepage originates from the flat in which he occupies. 

However, the absence of direct liability under section 34H does not mean that a tenant or occupier is immune from legal responsibility. A tenant or occupier may be liable in private nuisance if the seepage is caused, adopted, or continued by his acts or omissions. This may include, for example, careless use of sanitary fittings, failure to repair a leaking washing-machine hose, improper installation of air-conditioners or drainage pipes, unauthorised alterations to waterproofing layers, or allowing blocked drains or defective facilities under his control to continue leaking after notice of the problem. 

Liability may also arise in negligence where the tenant or occupier owes a duty to take reasonable care to avoid foreseeable damage to neighbouring premises and fails to do so. Once a tenant or occupier knows, or ought reasonably to know, that water is escaping from fixtures or installations within his control, he is required to take prompt and reasonable steps to investigate, stop the seepage, and prevent further damage. 

In addition, the tenant or occupier may be bound by the Deed of Mutual Covenant (“DMC”). If the seepage results from conduct prohibited by the DMC, such as unauthorised alterations, misuse of common drainage systems, or failure to permit inspection or repair, the tenant may face claims from the owner, the Incorporated Owners, the management company, or the affected neighbour, depending on the circumstances.