Water Damage to Neighbours Property

NuttyProfessor

Hi,

Back in January the thermostat on our hot water tank blew - this caused water in the tank to boil, which led to a build up of pressure, which then caused a pipe to burst! We live in a top floor flat and unfortunately the neighbour below suffered significant water damage.

It turns out our neighbour doesn't have contents insurance (luckily the building is insured) and she thinks we are liable for her loss. We don't agree as this was an unforeseen accident and was not caused by our negligence.

She is claiming replacement of furniture and carpets and compensation for "distress".

In addition we were on holiday at the time - heating was left on as is a requirement of our contents insurance and our cleaner was visiting weekly to check the property. Also our heating system is serviced annually.

I don't believe we are liable for her costs and have offered to pay £100 to cover the excess on the buildings insurance (quoting the usual "without prejudice and not liable"). She is now threatening Court action.

Who's right?

ben500

NuttyProfessor wrote: »

Hi,

Back in January the thermostat on our hot water tank blew - this caused water in the tank to boil, which led to a build up of pressure, which then caused a pipe to burst! We live in a top floor flat and unfortunately the neighbour below suffered significant water damage.

It turns out our neighbour doesn't have contents insurance (luckily the building is insured) and she thinks we are liable for her loss. We don't agree as this was an unforeseen accident and was not caused by our negligence.

She is claiming replacement of furniture and carpets and compensation for "distress".

In addition we were on holiday at the time - heating was left on as is a requirement of our contents insurance and our cleaner was visiting weekly to check the property. Also our heating system is serviced annually.

I don't believe we are liable for her costs and have offered to pay £100 to cover the excess on the buildings insurance (quoting the usual "without prejudice and not liable"). She is now threatening Court action.

Who's right?

The court action will only succeed if you can be shown to be negligent, consult your own insurers you should have free legal advice, check the inside of your policy booklet or request the information from the claims line and put your mind at ease. Your worrying for nothing it is your neighbours responsibility to insure their property and you aren't even responsible for their excess payment any money that they pay out they are perfectly entitiled to recover from your insurers if they can prove negligence or failure to mitigate on your part.

mattymoo

Let your own insurers know about this. They will investigate and if you are not liable, defend the claim against you.

Do this asap. If you delay and are faced with a summons for ££££ then they will not want to know.