Leak from upstairs flat

Fire_Fox

vickiv55 wrote: »

I am in a similar situation, however in my case, I am in rented accomodation and my upstairs neighbour is renting also. His bath/plumbing is leaking through my bathroom ceiling and although I have told him and my landlord about this nothing is being done.
My landlord has been to see the leak, which looks horrific, but is now not answering texts/phonecalls from me.
I don't quite know what to do next. Do I keep leaving messages for him?

Stop texting your landlord you should be communicating in a formal manner, one that forms a paper trail to protect yourself in the event of a deposit dispute. Only emergencies should be reported by telephone, all other maintenance issues must be reported in writing preferably by recorded delivery. Keep a copy of the letter and the receipt.

G_M

dacouch wrote: »

The test is whether they are legally liable which is could the damage have reasonably been avoided.

The bucket is not a particuarly good example as the flat owners could be out so it would not be reasonable for them to put a bucket under a leak.

If the washing machine just broke down then it is unlikely you will prove they are legally liable.

As the other poster mentioned they were successful as the person did not fix the leak so thus the subsequent damage could have been reasonably avoidable.

A good example of "reasonable" is Macdonalds have rotas in their toilets to note when the toilets were cleaned and checked. If you slip up on water spilt in their toilet or a leaking toilet they simply show the court the rota and assuming they have been checked reguarly (And the toilets serviced reguarly) the court will rule in Macdonalds favour as they have taken "reasonable" steps to prevent the incident

The bucket is a perfect example. True if the lower flat-occupant was out they could not be 'reasonably expected' to put a bucket under the leak. But if they were IN then yes, they should do so, and failure to do so would be unreasonable.

As to the rest, I repeat:
"Interesting and surprising: can you point to the Act, Statute or Precedence?" (hint: cricket balls).

GarySt_2

Why are you dealing with the landlord upstairs? Your lease covers you under the block insurance for the damage. The excess is not for you to pay. The managing agents should be dealing with this. Get them to get it sorted. Does your lease say anything about you paying the excess? Even if the insurance policy has an excess its your lease that takes presidence.

G_M

GarySt wrote: »

Why are you dealing with the landlord upstairs? Your lease covers you under the block insurance for the damage. The excess is not for you to pay. The managing agents should be dealing with this. Get them to get it sorted. Does your lease say anything about you paying the excess? Even if the insurance policy has an excess its your lease that takes presidence.

Could be true but not always. May not BE a 'managing agent'.

My brother lives in a converted house - 3 flats. Freeholder abroad and not seen or heard from for over 15 years. As no adress for (far less invoice from) freeholder, no one pays ground rent.
Once a year my brother renews the insurance and the other 2 flats contribute 1/3 shares.

Whoever claims, pays the excess.

marcg

I would have thought the whole claim would be under the upstairs flat's insurance policy, being as it was their (unintentional) fault that caused the damage. If you claim under your own policy I would assume your insurers will chase their insurers for the damage (whilst also initially charging you for the excess). The claim would be a lot cheaper for the upstairs insurer if your insurer (and their solicitors) was not involved. As FF writes though, do everything in writing and recorded delivery.

GarySt_2

marcg wrote: »

I would have thought the whole claim would be under the upstairs flat's insurance policy, being as it was their (unintentional) fault that caused the damage. If you claim under your own policy I would assume your insurers will chase their insurers for the damage (whilst also initially charging you for the excess). The claim would be a lot cheaper for the upstairs insurer if your insurer (and their solicitors) was not involved. As FF writes though, do everything in writing and recorded delivery.

Its leasehold. It going to be the same block insurer.

GarySt_2

G_M wrote: »

Could be true but not always. May not BE a 'managing agent'.

My brother lives in a converted house - 3 flats. Freeholder abroad and not seen or heard from for over 15 years. As no adress for (far less invoice from) freeholder, no one pays ground rent.
Once a year my brother renews the insurance and the other 2 flats contribute 1/3 shares.

Whoever claims, pays the excess.

They said they contacted the managing agent who arrange and insure the building. There is a managing agent who takes out block insurance. The initial thread says this.

timmyt

dacouch wrote: »

A leaking washing machine would not normally mean the upstairs flat is liable, for them to be liable the event has to be "Reasonably avoidable". This is generally not the case with a washing machine leak unless for instance they had been aware of the leaking washing machine and had taken no action.

gibberish.

of course the owner of the flat above is liable....if you can show they caused your damage. How do you propose to establish that.

if you can then of course they are liable. how they choose to pay is irrelevant.

you will want to get the repairs done, but get three quotes, and I would go with the cheapest. however, while getting quotes, serve details of the damage on the upstairs owner, and proof they caused it, and get his confirmation he will be reponsible for the costs. you would be happy to consult him over which contractor, but if he delays unreasonably you will need to choose and need to get on with getting the repairs done.

whether you recover is another matter, but you wont want to live with the damage.

GarySt_2

timmyt wrote: »

gibberish.

of course the owner of the flat above is liable....if you can show they caused your damage. How do you propose to establish that.

if you can then of course they are liable. how they choose to pay is irrelevant.

you will want to get the repairs done, but get three quotes, and I would go with the cheapest. however, while getting quotes, serve details of the damage on the upstairs owner, and proof they caused it, and get his confirmation he will be reponsible for the costs. you would be happy to consult him over which contractor, but if he delays unreasonably you will need to choose and need to get on with getting the repairs done.

whether you recover is another matter, but you wont want to live with the damage.

It doesnt matter if he is liable or not thats up to the insurer to worry about. Just tell the Managing Agent to get it sorted as per the obligations in the lease.

timmyt

on a buildings insurance policy, where a contents appliance caused the damage?

cool. who knew.