Leak from upstairs flat

GarySt_2

timmyt wrote: »

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

cool. who knew.

Yes it doesnt matter how or why. No contract exists with upstairs. It doesnt matter how it happened. The contract is the lease. The flat is affected by outside forces that are covered by the lease conditions. Just insist on the Managing Agents sorting it. Been there done it. Dont make life complicated.

timmyt

i can even hear the Mt Co claiming on their policy.

mc - 'um a washing machine sprung a leak in my building'

a bit like you own w/m springing a leak and damaging your carpets in your house

insurer - 'sorry sir, did you take out accidental contents insurance'

mt co - 'er, no that is for tenents to insure their own, i want to claim on my buildings insurance policy......hello...hello....hey i can hear laughter.....am i on loud speaker......click....hey they hung up on me'


OR


OP could ask the owner for details of their contents insurer, like we ask for when cars hit us and cause us damage

but either way, upstairs is liable

FINE - ask the Mt Co, but be prepared for them to laugh - quite rightly - at you

Fire_Fox

There have been several significant incidents of water ingress in our building in recent years - one toilet, one washing machine (both the same flat!) and one failure of an asphalt roof. The buildings insurers have paid out to repair the damaged communal areas in the first two cases, I don't know whether they paid to repair any damage to the flat itself but was advised by the caretaker that the toilet flood was down to tenant error.

GarySt_2

timmyt
This is nothing like your washing machine damaging your carpets. This is a leak from outside causing damage to your flat. I am involved with 6 blocks of flats and various management companies and a great many claims. I see lots of claims. This is a constant problem but the phone calls never go how you describe because we are all aware that the flat being damaged is covered on the block insurance. That is of course items not covered by contents insurance like ceilings, laminate floors etc. If they are claiming for carpet damage that of course is a different matter but then that will be covered by their own contents insurance.

GarySt_2

Fire_Fox wrote: »

There have been several significant incidents of water ingress in our building in recent years - one toilet, one washing machine (both the same flat!) and one failure of an asphalt roof. The buildings insurers have paid out to repair the damaged communal areas in the first two cases, I don't know whether they paid to repair any damage to the flat itself but was advised by the caretaker that the toilet flood was down to tenant error.

Errors are usually covered by insurance. Of course most tenants dont bother with contents insurance so personal items and carpets might not be covered in the flat where the damage originated.

Hoopylass

Ive been reading this thread with interest.
Im a homeowener living 6 in a block all homeoweners bar the flat above me which is rented out.
Last summer i was flooded due to a burst toilet pipe in the flat above me. The block is managed by a companay who told me that for me to claim on the buildings insurance i would have to pay an excess of £250. I would have to pay as the claim was coming from my property...they were adament that it was me who had to pay.
I didnt fight it as luckily once it had dried out i managed to cover it up with paint and emulsion and didnt cost anywhere near £250.
I contacted the CAB and they basically said that it was the upstairs flat who should pay but the management company were adament that their policy stated it was whoever made the claim, I did ask to see this but all they sent was a cover note of the policy.

GarySt_2

Hoopylass wrote: »

Ive been reading this thread with interest.
Im a homeowener living 6 in a block all homeoweners bar the flat above me which is rented out.
Last summer i was flooded due to a burst toilet pipe in the flat above me. The block is managed by a companay who told me that for me to claim on the buildings insurance i would have to pay an excess of £250. I would have to pay as the claim was coming from my property...they were adament that it was me who had to pay.
I didnt fight it as luckily once it had dried out i managed to cover it up with paint and emulsion and didnt cost anywhere near £250.
I contacted the CAB and they basically said that it was the upstairs flat who should pay but the management company were adament that their policy stated it was whoever made the claim, I did ask to see this but all they sent was a cover note of the policy.

Hoopylass
Do you have your lease to hand? Check out the obligations of the Freeholder or Managing Agent to insure. Does it say anything about an excess or does it perhaps say you will be covered for full reinstatement? Doesnt matter whats on the policy if the lease says otherwise its whats in the lease. The excess would then be the responsibility of the Management Fund/budget if not in your lease.

GarySt_2

Hoopylass wrote: »

Ive been reading this thread with interest.
Im a homeowener living 6 in a block all homeoweners bar the flat above me which is rented out.
Last summer i was flooded due to a burst toilet pipe in the flat above me. The block is managed by a companay who told me that for me to claim on the buildings insurance i would have to pay an excess of £250. I would have to pay as the claim was coming from my property...they were adament that it was me who had to pay.
I didnt fight it as luckily once it had dried out i managed to cover it up with paint and emulsion and didnt cost anywhere near £250.
I contacted the CAB and they basically said that it was the upstairs flat who should pay but the management company were adament that their policy stated it was whoever made the claim, I did ask to see this but all they sent was a cover note of the policy.

BTW the policy was taken out by your management co not you. Its them thats making the claim on behalf of overall damage done caused by the incident that you did not cause. Send them a bill for £250 for the ceiling repairs.

dacouch

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.

Your the one spouting gibberish.

If an upstairs flat's washing machine springs a leak they are not liable in all cases.

If you do not believe me, you will have free legal advice with your home insurance via a telephone call. Give them a ring and tell them your upstairs neighboor has a leaking washing machine. See what answer they give you. Or alternatively post the question on the Insurance thread of MSE

For the record the Property Owners or Occupiers Liability or Personal Liability the flat owner may have will cover claims they are "Legally Liable for" (You can check this in your own home policy). They will not pay out just because your washing machine has leaked, but will if you are legally liable eg the leak was reasonably avoidable

Fire_Fox

Hoopylass wrote: »

Ive been reading this thread with interest.
Im a homeowener living 6 in a block all homeoweners bar the flat above me which is rented out.
Last summer i was flooded due to a burst toilet pipe in the flat above me. The block is managed by a companay who told me that for me to claim on the buildings insurance i would have to pay an excess of £250. I would have to pay as the claim was coming from my property...they were adament that it was me who had to pay.
I didnt fight it as luckily once it had dried out i managed to cover it up with paint and emulsion and didnt cost anywhere near £250.
I contacted the CAB and they basically said that it was the upstairs flat who should pay but the management company were adament that their policy stated it was whoever made the claim, I did ask to see this but all they sent was a cover note of the policy.

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