unknown leak from shower cubicle

G_M wrote: »

1) you are not liable. You would only be liable if you had been negligent eg if they reported the problem to you and you ignored it, thus causing increased damage. not true, doesn't matter if you knew or didn't know, if you caused the damage then you need to rectify the problem

2) they should be claiming on insurance. Most flats have a block buildings policy arranged by the freeholder/management company, and paid for by all the leaseholders via the annual service charge. Check this is the case with your building, then refer the flat owner to the insurance policy. they don't have to claim on their insurance, youre at fault, albeit accidently and unknowingly

Do NOT admit liability. this sort of thing makes me angry, its your fault ! accept reponsibility

Do NOT ask for quotes from contractors (which would be implicit admission of liability).

Do NOT agree anything.

Perhaps a short simple letter thanking them for bringing the problem to your attention and advising them you have immediately and promptly rectified the problem - which would be an admission of liability wouldn't it?. (then refer to the insurance)

I thought this was a money saving forum not a scam, how to get away without paying for something you have done or caused forum?


my only concern would be how much the work cost, and why you weren't given the opportunity to get your own quote. if its reasonable pay it or if not, a proportion of it, or pass to YOUR own insurance, quite often they only need one quote anyway if its below a certain amount.

DaftyDuck wrote: »

G_M is correct on all points in his post. I'd follow his advice. This is an insurance matter, not an emotional one, and certainly not a "scam".

Totally agree with this, i work for loss adjusters and we would refer them to their own Insurers.

they could pay for the damage/repairs that THEIR leak has caused. it doesn't matter if they didn't know about it, why should the downstairs flat incur cost or claim on their own insurance for something beyond their control and responsibility. this isn't a leaking roof, its a leak from someone elses property into theirs. whoever has responsibility for the leak should be the one who pays for the repairs. what if the flat downstairs has their insurance premiums rise as a result of this claim (having made previous claims) - is it fair that this should happen?


as for an insurance loss adjuster suggesting that the insurance company would not try to seek redress from the 'cause' when it can be clearly indentified where the 'loss' came from and simply pay any claim out is a new one on me. I really should ensure my policies have the bits where it says that if I damage someone elses property, whether knowingly, intentional or otherwise, I will NOT be responsible for any loss suffered. I could understand it if the claim was passed to the insurers of the flat upstairs, but I revert to my original position which is, why should the downstairs flat, who are the 'innocent party', suffer ANY loss, even though the upstairs flat owners were totally unaware of their leak.


as for the 'scam' - whenever someone tries to shirk responsibility and wont pay for something they should or try to get out of paying, and the innocent party suffers a loss, then to me its a scam.


if a tile blew off my roof in stormy weather and damaged your parked car below, who would pay any claim? would you expect to claim on your own insurance and potentially suffer increased premiums or would you expect the insurance company of the property to pay out? if you only had third party cover, how would you expect to recover your 'loss'?


do the right thing, pay up or pass it to your insurance company for them to resolve!

MisterB1959 wrote: »

...
do the right thing, pay up or pass it to your insurance company for them to resolve!

Hi MisterB

The OP could certainly pay their neighbours repair bill if they wanted to, but it would be a gesture of goodwill. The OP has no legal liability to pay (unless the OP was negligent).

I've come across a number of people who have made gestures of goodwill in these types of circumstances.

However, there is no point in the OP contacting their insurers. No insurance policy will refund 'goodwill payments' made by their policy holders to third parties.