damage to shop below and insurance claim help

bwatt00

Hi martin or anyone else on here you seem to be  full of knowledge and tips etc i have a problem i think.
I was away for 12 months travelling overseas and in the last few months before i came home i had some news from home, my house as i preffered was empty for that time and as said in the last months before i came back i was told that damage had been done to the shop downstairs to me.
I live in a flat which is above a shop and outside i have a patio are where i can sit but its also the roof of the shop downstairs so who owns it stupid question i ask but its me right?
Well just say the roof lets in water and damages the roof below who is responsible for that?
Myself or the people in the shop as its there roof as well as my property.
And who pays for what damage am i suposed to cover costs of there damage as well as mine or only mine.
I have a bulding insurance and have been with them for 11 years and kept up payments and its with halifax probably the biggest out there,but i always find them sometimes to be the worst as well as i had a unemployment insurance with them for a long time and when they did not pay out i stopped.
Well with this building insurance i think i may have the same problem they ask me how the damaged happened and if its wear and tear of the property then its my problem but if storm damage then its ok, but i know for a fact its probably wear and tear as they say on the phone if the felt on roof is more than 10 year old it needs to be replaced.
Problem is how do i know this and know its leaked or when it will?
And the way they talked on the phone i had no claim but i said it was storm damage and they will send someone to look at it as i just wanted someone to see it instead of a no on the phone.
What bugs me is its building insurance and that covers anything outside but they always find a way not to pay out.
How so i stand here as it may look as if i will have to pay this myself and why when i have paid insurance for so long.
And if i have no claim who pays for shop below?
I have a guy coming on tuesday so if you read this and reply to me on what you think that would be cool as i have a feeling when this guy comes he will say its wear and tear.
I do know that that night it was really bad with rain well thats what my folks say as i was not here but i dont think they have had any major problems with the water since then.

Please give me some advise and help on this if you can.

                                                                          brian

Debt_Free_Chick

I live in a flat which is above a shop and outside i have a patio are where i can sit but its also the roof of the shop downstairs so who owns it stupid question i ask but its me right?

It's a fact. Do you own it? You must know ... if you rent, check your lease. Probably, the landlord is responsible for any roof.

If you've bought, then it should have been clear whether or not you own it. Check the papers.

As an aside, if you don't own it, you're trespassing!

Well just say the roof lets in water and damages the roof below who is responsible for thatMyself or the people in the shop as its there roof as well as my property.

And who pays for what damage am i suposed to cover costs of there damage as well as mine or only mine.?

The owner - could be you; could be your landlord (if you rent).

Well with this building insurance i think i may have the same problem they ask me how the damaged happened and if its wear and tear of the property then its my problem but if storm damage then its ok, but i know for a fact its probably wear and tear as they say on the phone if the felt on roof is more than 10 year old it needs to be replaced.

I don't know of any policy that pays for wear & tear. Just about everything wears out. You should know when things are "wearing out" and take necessary action e.g. repair or replace.

Problem is how do i know this and know its leaked or when it will?

The shopkeeper will know if this has been going on for days, weeks or months. If it were storm damage, then damage is the key word. You would see some evidence of damage. If no evidence of damage, then it's likely to be wear & tear.

What bugs me is its building insurance and that covers anything outside but they always find a way not to pay out.
How so i stand here as it may look as if i will have to pay this myself and why when i have paid insurance for so long.

unfortunately, you have not read or understood the terms of the policy. It's like car insurance - it doesn't pay out when the car wears out or if some part wears out because you didn't get it serviced.

And if i have no claim who pays for shop below?

The owner. This is your crucial first step. You MUST find out who owns the roof. If it's yours, then sorry, but you have a duty to maintain it.

If it's not your roof, then you have nothing to worry about it. Unless, of course, the owner thinks that by using the roof as a patio you have caused some damage ....