Water Leak from Flat Above

tigerstripes

We are the owner-occupiers of a ground floor flat. Last year the tenants in the rented flat above flooded their bathroom, which leaked through the ceiling to ours. It didn't cause any visible damage (apart from a few water streaks on the wall), but I logged the incident with the insurance company. The buildings insurance is a block policy for the 8 flats in the close. A few weeks ago, we came home to find a huge water bubble under the paint - it has taken the paint off the wall and the wall will have to be re-plastered. We contacted the insurance company who sent someone out to give an estimate for the job.

What I'm concerned about is that they told me I'd have to pay £100 excess to have it fixed. I said surely they should claim it back from the landlord above, but they said because it's a single policy, it doesn't work like that. If I had my own buildings insurance would I get my excess back? I can't see how it's a benefit to be on a block policy when we are disadvantaged like this.

I know I could speak to the landlord and ask him (nicely) to pay the excess, but where do I go if he says no. The damage has been caused by his flat, we are a completely innocent party!

Thanks in advance for any help.

Quentin

If you can prove negligence by the people in the flat upstairs, then you can pursue them for the costs you have incurred. Otherwise, the costs are down to you.

So a good job you at least are insured. Regarding your excess, this should be shown in your policy details.

If you had your own policy the situation would be the same (though you might have elected to take a different amount of excess).

EdInvestor

Quentin wrote: »

If you can prove negligence by the people in the flat upstairs, then you can pursue them for the costs you have incurred. If you had your own policy the situation would be the same (though you might have elected to take a different amount of excess).

Typically in blocks of flats, where it is not an option for each owner to have a separate policy, the managing agents/freeholder will agree to pay the excess and then recoup it via the service charge from all the leaseholders - or from the tenants upstairs if negligence can be shown.But sometimes they won't accept this way out and will leave you to pay the lot.

Your excess is actually quite low, in many cases it's more like 4-500 pounds.