Residents fear big bill for month-long water leak

Elderly residents at a block of flats in Sutton Coldfield say they fear they could be left with a repair bill they cannot afford after being told they may have to pay to fix a water leak outside their homes.

Water has been flowing beneath a service road at Banners Court, off Banners Gate Road, for almost a month.

People living there, many of whom are elderly or have disabilities, say their deeds clearly show the leak is on council land and not their responsibility, but both Birmingham City Council and Severn Trent say the land and water supply is private.

Some are facing difficulty accessing homes with mobility scooters and wheelchairs.

Audrey Nash said residents felt they had been left to deal with a problem with no care or empathy for their situation.

"We're told to save water, but they're just letting it run," she said.

"We've had a letter telling us that it's our responsibility to repair the pipes, but it's not our pipes."

Nash said many residents were worried about the prospect of contributing towards the cost of any repairs.

"There are 30 of us it's supposed to be divided between, but it's still a lot of money if you're a pensioner and relying on your pension."

She said residents had examined the deeds for the block, including plans dating back to when it was built in the 1970's, and believed they supported their case.

They believe maps attached to the deeds for the block support their view that the affected area lies outside land owned by residents.

However, Birmingham City Council said that following an inspection by a Kier highways team, it believed the land was privately owned.

Residents have also received a letter from Severn Trent giving them 10 days to make arrangements to repair what the company says is a private supply pipe serving the flats.

Residents said they reported the leak shortly after it appeared and fear further damage could be caused if it remains unresolved.

Denise Burton said some were worried about the condition of the road surface.

"We're worried that something's going to happen to the road. It's quite concerning," she said.

Angela Gillespie-Jones, a director of the residents' management company, said the lack of clarity over who was responsible was causing anxiety.

"We've got a lot of older people here and nobody really knows what's happening," she said.

"They're worried about when winter comes if it's not done, and also what it's doing to the foundations.

"We thought Severn Trent would do it or the council would do it, but nobody seems to want to have the responsibility."

She added: "We've tried every which way to get it sorted and we don't seem to have anything forthcoming at the moment."

According to advice from the Consumer Council for Water, property owners are liable for repairs on their side of the external stop tap, even if that supply is shared by a number of properties.

Regulator Ofwat gives similar guidance on the responsibilities, and the codes of practice that apply to the industry.

Residents said plans attached to the deeds appeared to support their belief that the section of road affected by the leak falls outside the Banners Court boundary.

They argue they should not be expected to organise or fund repairs if that is the case.

The council's inspection reached a different conclusion and residents were subsequently informed that the land was considered private.

Severn Trent has since written to residents stating that responsibility for repairing the leak rests with the owners of the private supply pipe.

Residents are now calling for both organisations to provide legal evidence to back up their assertion that it is private land.

A Severn Trent said the leak originated from a private supply pipe that feeds Banners Court.

Because it is located after the external stop tap, Severn Trent said it is a private issue.

A spokesperson said: "Our teams investigated the leak at Banners Court, and found it is on the private supply that feeds the property, and not on the Severn Trent network.

"While leaks like this are the responsibility of the property owners to fix, our teams have been in contact with residents to explain the situation and offer support where possible."

Birmingham City Council has also been approached for a response.

For resident Jim Hughes, the dispute is frustrating.

"I think it's disgusting," he said.

"We've been paying water bills, we're paying council tax, we're paying this and that.

"It's an insult that we've got to pay."

Follow BBC Birmingham on BBC Sounds, Facebook, X and Instagram.