Water damage

westclok

Hi,

I own a flat and have recently discovered that the flat above me has had a leak. It has caused a fair amount of damage to the ceiling.

I own the flat and the upstairs neighbour is renting. I have spoke to the letting agent and they have sent out a plumber to fix the leak. The letting agent advised me to use my own building insurance to repair the damaged ceiling.

Who should pay for the repair caused by the leak? My insurance company have said my excess is £200 and they cannot guarantee me getting that back if they were to chase the upstair neighbours for the cost. This does not seem fair.

What should I do?

Thanks in advance.

latecomer

not a lot to be honest. Thats the way that insurance works in for flats. Unless you can prove negligence on behalf of the folk above you, you have to claim on your own insurance.

We got flooded 4 times in 4 years (in 2 different flats!) and this left us with seriously high insurance premiums. I dont agree with it but thats the way it works.

westclok

Surely not? That can't be right. It appears like the upstairs neighbour has a poorly fitted shower cubicle which is leaking into our cupboard directly below. How can you be left out of pocket for something you can't control?

Torry_Quine

You claim from your own insurance and if they feel the other party are liable they will claim it back from them including your excess. However they would have to be aware there was a problem and were therefore responsible.If it is deemed to be an unforseen event then your insurance will be fully responsible. That is what your insurance is for, there isn't always someone to blame.

latecomer

Torry_Quine wrote: »

That is what your insurance is for, there isn't always someone to blame.

If the handbrake cable fails on your car and it runs down the hill and smashes into someone else's car - you are liable for the damage rather than the person who got their car wrecked. No idea why the insurance industry thinks it should be any different for home insurance.

latecomer

westclok wrote: »

How can you be left out of pocket for something you can't control?

If the shower was professionally fitted then you could try and get your insurance to go after the installer but I wouldn't hold your breath.

phill99

It is normal for blocks of flats to have a single insurance company for the building. It will be levied via the service charge and administered by the Managing Agent for the block. So this issue of your insurers claiming back from the insurers of the owner upstairs is acedemic because it will be the same insurer. This is why excesses and premiums in flats are high as the insurers will have to take all of the risk themselves.

Mastic seals around showers do deteriorate over time and there is nothing you can do about it. It will be impossible to go after the installer. And his indemnity insurance policy will probably not cover mastic failure anyway.

Unfortunately it is a risk of living in a flat.

Torry_Quine

phill99 wrote: »

It is normal for blocks of flats to have a single insurance company for the building. It will be levied via the service charge and administered by the Managing Agent for the block. So this issue of your insurers claiming back from the insurers of the owner upstairs is acedemic because it will be the same insurer. This is why excesses and premiums in flats are high as the insurers will have to take all of the risk themselves.


Mastic seals around showers do deteriorate over time and there is nothing you can do about it. It will be impossible to go after the installer. And his indemnity insurance policy will probably not cover mastic failure anyway.

Unfortunately it is a risk of living in a flat.

Not always, I live in a flat and have my own insurance. The upstairs flat is insured completely seperately.

phill99

Do you have a Management Company, Torry? Some small blocks and residential conversions don't often have a Mgt Co and insure seperately. But the rule of thumb is that if there is a Mgt Co, then normally there is a single block policy covering the whole of the building with the cost covered via the service charge.

Torry_Quine

No management company.

iamcornholio

You claim from your own insurers, and if they think it worth while then they will claim against the neighbour/his insurers/landlord.

For your excess, then you may need to take out a civil action (ie small claim) against the person responsible - which may be the neighbour or the landlord. But to be successful, you would have to prove that the leak was caused by negligence and not a first 'natural' occurance. Your insurers may include the excess if they pursue a claim for the damages