Leak from upstairs, no contents insurance

ddsull

Hi,
A couple of months ago my neighbours flat upstairs has leaked in to my bedroom and has all over my flat screen tv. The guy did not know it was leaking and it was only when I called him that he realised. If it went any longer it would have gone to the flat below me as well. Apparently, they had a plumber in this evening and he must have damaged a pipe. When he put on the washing machine the leak started.

The tv was initially not working but it started working a few days later so I thought it was ok. However the other day there was a bang and it gave up the ghost,

The guy said I should claim off my contents insurance but I don't have any as I was only renting short term (I know I should have some anyway). The guy said I should claim from my insurance but when informed I had no contents insurance he said it was my problem. I take it if I claimed from my insurance (if I had it) that they would go after his insurance anyway. Therefore, am I able to claim from his insurance company directly?
If the was stolen and I had no insurance fair enough but it was as a result of my upstairs neighbour. Is my only option to to go toa small claims court?

I'd appreciate any advice.

Thanks

dacouch

Its not an open and shut case that you can claim off the flat upstairs.

To be able to claim off him (Off more likely the liability part of his Insurance) you would have to prove he is legally liable. This basically means that he was negligent, this means that the actions of a reasonable person could have avoided the leak.

If it was just unavoidable leak that he had fixed as soon as reasonably possible you probably have no claim against him.

Another option is that if the plumber has not fixed the damage correctly you may have a claim against either the plumber or the flat above.

sporedude

Its your own fault, You have no insurance, Not them.

ddsull

I'm not so sure guys. I've seen similar topics saying that the onus is on the upstairs flat


moneysupermarket.com/community/forums/t/leak-from-neighbour-no-contents-insurance-31011.aspx

Surely damage is caused by your neighbour it is there responsibility to fix it?

I think I might call citizens Advice

(I usually have contents insurance but as I was renting short term I didn't think I'd need it)

LilacPixie

how do you know it was the water damage that caused the TV to pop?? The leak was 'a couple of months ago' anfthe TV then worked until is went pop 'a few days ago' maybe the TV just went pop.

dacouch

The case you are referring to their is where the person did not connect a pipe back on his bath, this is likely to be classed as legally liable.

Your general leak does not mean the neighboor is legally liable, leaks happen and are often unavoidable, if when the leak has been pointed out the person does not take action within a reasonable time then the subsequent damage can often be claimed for (Not always the original damage).

The leak caused by the plumber is fairly likely to be classed as making him or the flat owner legally liable.

As I have said before in this country just because you cause damage to someone elses property in the UK it does not mean you always have to pay. They only have to pay if they are legally liable.

Going to the CAb would be a good idea as they can look at the exact circumstances of your incident. They will explain to you how being legally liable works, if the damage falls under this category they may advise you to make a claim against your neighboor.

mattymoo

Just bear in mind your neighbour (or their insurers) are only obliged to give you what the tv was worth according to its age and type. Don't expect a new tv out of this.

ddsull

Cheers guys

Apparently the same thing had happened a couple of years ago (i.e. a leak from the back of the washing machine) so he might not have fixed it properly then.

I'm not expecting a new tv it's the principle more than anything else. If Ibroke somethin myself or my flat was burglered then I'd throw my hands up. It just doesn't seem right that a flood of water should come down in your room from another property and it's your problem to clean up the damage.
I think my land lady has managed to claim for the redecorating from his insurance so there must be balme there somewhere

Thanks again

zzzLazyDaisy

ddsull wrote: »

I think my land lady has managed to claim for the redecorating from his insurance so there must be balme there somewhere

Redecorating is a claim on the buildings insurance. She will have claimed against her own insurance. Her insurer may or may not have then claimed against the upstairs flat's insurance - but as that will also be the buildings insurance, it is quite likely that it is the same insurer.

Katie-Kat-Kins

sporedude wrote: »

Its your own fault, You have no insurance, Not them.

Rubbish!

It isn't her fault that the water leaked from above!

It is daft not to have insurance but that doesn't mean that she has no recourse. She may well have a claim against either the upstairs neighbour or the plumber. I would suggest that she obtain the contact details for the neighbour's insurance and the plumber and his insurers. She should then write to them both putting them on formal notice that her property was damaged and that she is seeking compensation. If they don't give her a satisfactory response within a reasonable time period she can go to the small claims court.

I'd suggest issuing proceedings against both to be on the safe side, although without further details I couldn't comment on the liability of either or the prospects of success.