Liability for bathroom leak?

Taffhamster

Just need some general advice!

Please note, this initial post has been edited to include more detail and explanation of the incident in question. When I read back the original, especially in the light of IAmCornholio's reply, I realised it sounded like I'd attempted major DIY plumbing, which wasn't the case!

Basically, a small flood resulted from my attempt to clear a waste-water pipe in my bathroom. It had been draining slowly, so I used a liquid unblocker to try to clear it. (Following a major blockage a few years back – fixed at the time by a professional plumber – I've always kept such products on hand and have periodically used them, as recommended by the makers, in the hope of preventing further incidents.)

For some reason, this actually resulted in the pipe becoming totally blocked. (Dislodged gunk from several parts of the pipe clumping together?)

Obviously, I didn't realise this until the water I was running to flush the unblocker from the pipes backed up and gushed out on to the bathroom floor – quite a lot in just seconds. Despite a frantic dash to mop it up, some water seeped through the ceiling into the flat below. It was late on a Saturday night and my downstairs neighbours were away at the time, so I only found out there was a problem when one of them called round a few days later to ask had there been a leak. (Which I wasn't going to lie about!)

She and her husband are rental tenants and contacted their letting agent to get the light fitting repaired, as the water shorted it out. (Fair enough, obviously!) Now the letting agent has contacted me, saying she'll send me an invoice for the cost - about £120. She also mentioned that the ceiling needs "a lick of paint" to cover up stains from the water leakage and that she'll get quotes from decorators to sort this out, with the expectation being that I'll cover these costs too.

So, a few questions – bearing in mind that I want to keep things amicable with my neighbours and do the decent thing by them as well as keep my costs to a minimum!

Would the easiest/most economical thing be just to pay up the £120 plus whatever the decorating costs are? (I looked into claiming on my insurance, but I'm not sure I'm covered for damage to another flat, just my own. And, in any case, the excess/possible rise in my premium as a result might make this pricier in the long run.) While researching this, however, I got a sense that the "proper" way to sort it might be for the landlord of the flat to claim on his insurance, and for his insurers to then claim against mine.

Regarding the "lick of paint", [edit: professional decorator being the only option] The letting agent said she'd "get a couple of quotes" and that I could look into finding someone myself if I wished (though I'd prefer my neighbours to be happy with my choice as the contractor will be in their home).

While I've tentatively agreed to paying, I've told the letting agent that I need to check on the itemised bill that the charge for parts and labour is the "going rate", and to look into the insurance side of things.

Just wondering what my liability is. I don't want to be awkward for the sake of it and strain relations with my neighbours, or risk a small-claims court case. But neither do I want to overpay unnecessarily or lay myself open to any future claims based on my accepting liability for the electrical and decorating bills.

Any thoughts or advice?

latecomer

I would speak to your insurers as you might not be liable as it was an accident which you tried to remedy as soon as you could. We were flooded 4 times from the flats above (rather unlucky!) and each time we had to claim off our own insurance as there was no negligence involved and unless the insurance people could prove the people upstairs had been negligent they would not pursue recovering the costs.

phill99

With flats, there is normnally a 'block policy' for the buildings insurance. The damage you have accidentally caused will be covered by that policy. The letting agents for the flat downstairs should be well aware of this and have simply asdked you for the insurance details.

The only downside is that the excess on flats is normally high. Its normally at least £250, but I've known it to be as much as £500. So If all that needs to be done downstairs is to pay for the electrics to be tested and the ceiling redecorated, it should fall within the excess anyway.

If I was the owner of the flat downstairs, I'm afraid I would want a professional decorator to do the job, rather than yourself as they will have liability insurance, know how to dealo with watter stains etc.

Taffhamster

Thanks for your replies.

Phil, insurance – block or otherwise – wasn't mentioned by the letting agent at all, or I'd have given her the details of the company that manages the freehold for the block (to whom I pay a service charge). The options she mentioned were me transferring money into the agency account to pay for the electrician, or her forwarding the invoice for me to pay the electrician (hired by her agency, and not by me!) directly. So, either the letting agent isn't aware of this, or (if I'm being cynical) could she be hoping to take advantage of me not being aware of it?

phill99

IMHO Letting agents are only one step up from politicians and Dead Horse & Donkey Dealers. All works required to correct any damage to the flat below will be an insurance loss. Get her to deal with the insurers, notwithstanding my comments above re the excess. If you are goinmg to have to pay, make sure you get three written quotes (not via the lettings agency though!).

Taffhamster

Thanks again, Phill (and apologies for missing the second L off your name last time!)

Just as an update (in case it's helpful to anyone else in my situation!), I just spoke to an adviser at my own insurance firm. He said that as there was no negligence (ie the incident was a one-off, and not, for example, due to my failure to fix an existing leak I'd been made aware of), I'm not liable and the landlord of my neighbours' flat will need to make a claim. (And if it's a block-insurance issue, it'll be swings and roundabouts anyway!)

He also said the letting agent would be totally aware that I'm not liable! Hmmm…! :mad:

Thanks again!

iamcornholio

Taffhamster wrote: »

I just spoke to an adviser at my own insurance firm. He said that as there was no negligence (ie the incident was a one-off, and not, for example, due to my failure to fix an existing leak I'd been made aware of), I'm not liable and the landlord of my neighbours' flat will need to make a claim.

Your insurer is being a bit optimistic.

I'm having a knock at you, but if I was working for the people below I would say that .... you have failed to properly and safely undertake your attempted repair and negligently failed to ensure that water escaped to the surrounding area. You did not take all basic precautions to prevent the escape of the water, and only tried to act in vain after the escape. If you had called a plumber out, he would have made sure that the work was done safely and not caused the damage.

TBH, this should all be dealt with via the insurers. The people below claim of their insurers or yours. If they claim off their own insurer, then they in turn will claim off you (or your insurer).

Either insurer will just decide whether it's worth pursuing or defending.

I can understand you wanting to do the "right thing" and contribute to the repairs, but IMO everyone in a flat should have their own insurance to cover themselves from damage caused by neighbours - water damage is a major problem in flats. Then when something happens everyone is insured, and you just refer things to the insurers and let them argue about it not you

Taffhamster

I hear what you're saying, IAmCornholio, and thanks for posting – good to get another perspective on the situation. I think my point of view is that as I have insurance, I may as well try to take that route if it makes sense economically. Just finding out my options, really!

eco-friendly_2

Taffhamster wrote: »

Just as an update (in case it's helpful to anyone else in my situation!), I just spoke to an adviser at my own insurance firm. He said that as there was no negligence (ie the incident was a one-off, and not, for example, due to my failure to fix an existing leak!

Correct! it's down to the LL of the rented property to make the claim-not you. If you were to be hit next week by the flat above then it would be your turn to make a claim.