Buildings Insurance Excess

Jen1981

:mad:The flat above mine's bathroom has leaked into my flat causing water damage to the ceiling and walls and has caused lights to trip. 3 weeks after exhausting myself with phone calls to the estate agents who manage the property upstairs, managing agents, builders, insurers etc, I am finally having the repairs done and the insurers have paid out with no hassle.

However, despite myself and my managing agents asking for the landlord upstairs to pay my £250 excess, they have declined to do so. Can they do this?? Do I have a leg to stand on?

My tenant is seeking legal advice from her employer who offer this service to employees, to help me build a case as she has had her property damaged as well and would like compensation. I am asking friends who are estate agents and have even asked the insurers for their advice.

Also, doe anyone know if there is a central complaints commission for estate agents?

lisyloo

Can they do this?? Do I have a leg to stand on?

Were they negligent, or was it just an accident for which no-one was to blame.
If they were negligent then they should pay.
If it's just an accident then I'm afraid they are not liable.

to help me build a case

Do you have any evidence of negligence?

If there was no negligence and it just happened then I'm afraid they are not liable. In this case you have to pay for the buidlings and the tenant has to cover the contents (via insurance usually).

dogbot

As Lisyloo indicates, if they tenants of the flat above or their landlord were negligent, or have some other liability to do so, then they should pay the excess, but otherwise there is no reason for them to pay.

If they haven't done anything wrong, then why should they pay? If it were the other way round would you be happy to pay?

harris1234_2

i want to get insurence policy of my car in U.K. tell me the best way possible

Jen1981

The plumber they used came out and didn't find the leak first time round which then caused further leaking. He found the leak second time round and believed he'd fixed it. At this stage, only some books had been ruined. Another leak sprung and it got so much worse. But you're right in that how do I prove it was his negligence or just a freak accident

And yes if my property had been the cause of someone else's damage, I would pay the excess as a gesture of good will. But then I guess I am just to nice.

melb

Don't understand why the owner of the flat above is not having to claim on their own insurance to cover damage caused by their property to yours? Can't they pay your excess from their insurance? My insurance pays out for accidents irrespective of any negligence.

dogbot

Sounds like they took reasonable steps to stop the leaks at least - its hard ney impossible to know if the plumber was negligent or not in failing to find potential for additional leaks.

The key thing regards liability is what is the cause of the leak? Freezing one assumes given the current weather but was it something else? If it was caused by freezing, did the tenants have the heating on for a reasonable time every day to prevent this - if not then you might have a chance at claiming. If the pipe work was in poor condition and hadn't been maintained then the landlord might well be liable.

You would, of course, need to weigh it up against harming a relationship with others in the building, but as these are buy to let properties maybe not so much of a worry.

I appreciate of course that you would want to pay out, most people would want to, but this whole thing will have cost them a fair bit already - having to pay for the plumber as well as their own excess. Maybe they can't afford it?

dogbot

melb wrote: »

Don't understand why the owner of the flat above is not having to claim on their own insurance to cover damage caused by their property to yours? Can't they pay your excess from their insurance? My insurance pays out for accidents irrespective of any negligence.

Because their insurance doesn't insure other peoples property. You can't insure something you don't have an insurable interest in! Household/landlord/motor policies do insure the policyholders legal liability for causing damage to other peoples property (and bodily injury or death usualy).

You may be insured for accidental damage to your own property, but you will only be insured for your legal liability to others.

As stated above, if there is no legal liability attaching to either landlord or tenant in this case then they don't have to pay for the excess (and therefore the insurer won't pay under the liabilty section).

Jen1981

The buildings insurance is arranged by our managing agents so we have the same insurers! I was told by them (or the insurers, I can't remember) that I would need to make the claim, not the other landlord which I did. I didn't think to ask whether they should be making the claim and therefore incurring the excess fee...doh!

TBH, I have dealt with this extremely quickly on my own, calling the insurers, meeting the surveyor, getting the builders in and having the work done this week. The rent reduction would have cost me far more than £250 had I left this to the other landlord / estate agent. They haven't lifted a finger in the 3 weeks this has been going on except to dial a plumber's number. Its true what they say, if you want something doing...

Thank you all for your advice.