Help - Who has to pay for flood damage to my ceiling

jnd37

I am new to this but I could really do with a bit on advice.

I live on the middle floor of a block of flats. It is leasehold so we have a managing agent for all our service charges. The flat above me had a leak at the weekend and it has left me with a water damaged ceiling and a broken extracter fan.

I immediately informed the flat above me (they rent their flat) and they appologised, said they will inform their landlord immediatley and stop using the shower until it was fixed. They obviously haven't got it fixed as it started leaking again yersterday and the damage is getting worse.

I have contacted my managing agent and I have been informed that I am responsible for sorting out my own ceiling (even though it is entirley the flat aboves fault and they have admitted as mich)
We have bulidings insurance organised through the leasehold, I was told I would have to make a calim to them but there is a £500 excess!!!! :mad:

The managing agent has tried contacting the landlord of the flat above my phone, email and letter but they are not responding at all.

I am so shocked about all this that I have to effectively pay for water damage caused by the people above me. I just want to know if the informtaion I am being given is correct and if there is any way I can fight this?

I look forward to some freindly advice!

J

Pee

I think the first port of call is the insurance company, albeit with the excess which you should be able to claim back from the landlord of the flat above, depending on how interested they are in the matter. You could take them to the small claims court and it is probably worth doing for £500.

If the water is still coming through the council Environmental Health may help.

Tygermoth

Excuse briefness & evil txt type, broken wrist hard to type.

You need to contact ur insurer. The other parties insurance will only obliged to pay ur excess if they have been negligent and an escape of water is not negligence...its an accident... that’s why YOU are insured too.. To pay for such damages that arrives from such events. Though they have admitted fault is still not negligence.

It will be for your insurer to argue the deemed negligence of the other party and they may have some leeway if the Occupants upstairs did not do a repair and the water continued to leak. As such you will need to

1. Make your claim via your insurer and ask them to attempt to make a recovery on your behalf as you believe the damage was compounded by a late repair (the original damage would still need to be covered by your insurer) This will be a drawn out process that will take some time and your insurer is very unlikely to defer the excess payable and there is no guarantee you will get your full excess back unless the recovery is fully successful and even then the full cost is unlikely to be recoverable and as such you insurer may not repay the excess as a claim for partial damage will still be payable on the policy..

2. Ask the party upstairs to pay (however doubtful as that’s what YOUR household/buildings insurance is for...YOUR protection against accidents)

3. See if the damage is less than the excess and put right self (then review your policy and excess)

Please note Its not the fault of the party upstairs you have high xs.

jnd37

Thanks Tygermoth.
The annoying thing is we both have the same insurance comapny as it is origanised by our managing agent. I would be claiming on buildings insurance. I dont have a say on that excess, I guess our management company have set that in place.

I totally agree it is an accident and I dont blame upstairs, these things happen. What I just cant understand is why I am going to end up considerably out of pocket for someone elses accident, especailly when nothing has been done to fox the problem so far so the damage is just becoming more so will be more expensive to me. Surely they should be the ones to put the cliam in and pay the excess?
his is all so confusing and frustrating!

mlz1413

I had the same in a flat and the managing company asked me for quotes and then told me which one they agreed with and paid company direct, I didn't have to pay anything.

Do you have legal cover with your insurance? If so give them a ring and get advice on how to tackle this issue.

Also write to managing company saying that you want to know how the cause of the water damage will be sorted out as above flat is tenanted and LL is not answering - I believe they have responsiblility to ensure upkeep of the building and should therefore pay for the repairs and bill the owner of the flat.

jnd37

Thank you mlz1413 that is very helpful.
I dont actually know who my buildings insurance is with as it is just done as part of our annual service charge. Do you know if I am able to get this information from my Managing Agent and just contact them direct??

Tygermoth

sorry took so long to type you had posted more questions and had replys.

The chances are the flat upstairs will have little or no damage so will be unlikely to claim (making assumption here based on my experiences)

The repair of the damged pipe/outlet/shower will be undertaken by the LL to the property (and sometimes the bug*ers can drag their heels) and is not claimable on the insurance so they will have little to do further with the matter and as such will not make a claim.

The insurance is there for this perpouse to put damage right once accidents occur. You may want to have a word with the LL and request he foots some of the excess, though he is not obliged to do so?

jnd37

thank you very much, now you rest your wrist!

mlz1413

Sorry jnd37 I meant do you have contents cover with legal protection? ie they would be working for you.

Otherwise yes I would contact managing agent and say you are not happy with response can they provide details of building insurance - I would urge you to put in writing or at least back up any conversions in writing with names of who spoken to so that you don't get forgotten.

silvercar

The building insurance should pay for the damage caused by the leak. Any excess I would have thought should come from the building fund. The block should have one; it is for repairs to the building. If the managing agents choose a policy with a high excess to keep premiums down that is reasonable. Effectively when you buy a flat you examine the building accounts and accept the managing agents.

Whereas the initial damage is accidental and should be corrected by the insurance, subsequent water dammage is a different matter. If the subsequent damage came after a trademan "fixed" the problem, then the tradesman should be insured for the damage. You should claim from the landlord and the landlord from the trademan or his landlord's insurance. If the subsequent damage was caused by the tenants using the shower when they knew it leaked then they are the cause of the damage.

Jomo

Similar thing happened in our block, my neighbour contacted the managing agent who dealt with the insurance company as with most flats the building insurance is for the whole block, although I think the resident who suffered with the leak had to pay an excess.

Although I think it is scandelous that the LL of the above flat is ignoring contact, there is no point in you having repairs done if the problem persists!