Water Damage who's liable

T_Dutts

Hi i'm new to this site and a new home owner so need some advice.
I recently brought a new flat which is leasehold but due to a long probate case didn't receive keys till January.
The flat was in need of modernisation so decided to get it all refitted, when my buliders removed the tiles in the bathroom the wall behind was saturated with water they installed a humidifier to try and try it out, after a 3 week wait and no signs of drying we noticed water pouring down the wall from the flat above. After talking to my freeholdre and gaining entry into the flat above we found that the bathroom was in a terrible state no sealed bath and a shower, she informed me that she removed the shower 12 years ago due to the bath no being properly sealed and that she thinks in that time someone has installed a shower ! the freeholder is not local andl eaves all the checks to a letting agency.There is now extensive work being done to the bathroom upstais as the floor now is rotting away due to this matter which she is claiming back through her buildings insurance.And the tenent in the flat above ( he is renting from the freeholder who owns his flat) is being compensated for the inconvience.
In the meantime i have a bill so far £230 + Vat for my dehumidifier + the electric used and in inconvience of having to hold my builders back by 3 weeks as they haven't been able to tile or carry on their work therefore not being able to life in my property.
I have spoke to the freeholder about this and she has asked me to send her the invoices and she will try and claim it back for me on her buliding insurance , but there no guarantee they will pay it.

Where do i stand on this ? Surely i deserve some compensation for this. Bearing in mind also the the freeholder has also told me that the lady who owned the flat before me who sadly died in September last year had complained before about water coming through from the flat above and nothing had been done to recitify th[EMAIL="tedutton23@hotmail.co.uk"][/EMAIL]

dacouch

As its a leasehold property I assume the Freeholder arranges the Insurance for the whole block and you contribute towards it.

It may be possible for you to claim from this insurance for the damage caused under escape of water or accidental damage.

I would suggest you speak to the freeholder to discuss making a claim, you also need to ask the free holder to take action too repair the damage in the flat above to stop it happpening again. It would be sensible to send this to him or the letting agent in writting and via recorded delivery so you have physical proof you have advised him.

The freeholders building policy will probably have an excess of £100 or £250 (Sometimes more)

P.S It would be sensible for you to ask to see your Builders Public Liability Insurance, then make a note of the name of the Insurer and their policy number. Then if they cause any damage you know who to claim off, if you don't get the numbers builders have a habit of disappearing or not answering your calls if they damage your home

T_Dutts

Thanks for that , i too thought she would be responsible through her insurance, until yesterday when she told me to get everything in writing to her then she said that there was a possibility they'd reject it.
I have a copy of the buliding insurance policy at home so will look through it later.
The work is being done upstairs, it actually my plumber that is doing it all after the freeholder asked me to organise it for her so now he has put a quote in and she has sumbitted it to her insurance company.But i think she feels if she is putting a claim in for that she will be unable to claim also for water damage to my property, which doesn't seem right to me. If this is the case i was thinking of asking her to meet me half way and waiver the fee's on my maintenance service charges for 2009, but don't know where i stand on this either

dacouch

You can possibly claim for the damage in both properties on the one claim as they sound to be the same incident. The Insurers will not pay for the repairs to the pipe causing the leak but normally any subsequent damage the water has done

T_Dutts

I don't know , she says as its 2 seperate address that she's trying to claim for 1 is Flat 1 and other is Flat 2 - they have to be seperate claims ?