Leasehold Property insurance claim who is liable?

twizzyone

Hi all, and thanks in advance for any advice given. This is my problem, I rent out a flat in a leasehold building. The kitchen floor is the ceiling in the communal area. There was a leak of water through this ceiling and through the communal light. The leaseholder sent out his maintenance man who told me he could not ascertain where the leak was coming from but he was not sure it was even from my flat but the leaseholder "knows you're one of the only ones to have insurance so pin it on her" the leaseholder is notorious for not paying for repairs or just not repairing unless he absolutely has too. Now my tenant had told me she had a blocked kitchen sink, I sent out dynorod the same day and he apparently just plunged the sink and it was clear. When the tenant old me about the leak through the communal light I again sent out dynorod who told her it was just residue from previous leak and would dry out. The leaseholder has now rang me and said his maintenance man has been out again and has pulled down the ceiling as it is sopping wet and says the leak is looking like from my kitchen and as such it is my responsibility and I need to claim on my insurance to make good. However it is my understanding that this would come under the buildings insurance he has and that I contribute to under service charge payments but he disagrees, but and I think quite rightly my contents insurance say it is not a content issue. And British Gas say there cover is to stop a leak and not repair although I feel I could argue that they attended twice and obviously did not find and fix the leak and thus we have this damage and as such they are liable to repair the damage? I need help from you knowledgeable guys in the exact wording to use with this slippery leaseholder who is very patronising to women and will try to wriggle out of paying for or doing anything. Thanks in advance.

chris_m

Would I be correct in assuming that you are the leaseholder and everywhere you've said "leaseholder" you actually mean "Freeholder", because if not I can't get my head around quite where you fit into the chain.

G_M

chris_m wrote: »

Would I be correct in assuming that you are the leaseholder and everywhere you've said "leaseholder" you actually mean "Freeholder", because if not I can't get my head around quite where you fit into the chain.

Yeah.

The OP is the leaseholder and lets his flat to a tenant. The freeholder is sending out the maintenance man - I guess.

Damage to the structure of the building falls under buildings insurance (which the freeholder should be arranging), not contents.

However if the leak has been caused by negligence (of the leaseholder (IE the FLAT OWNER) or his tenant, then the insurer could try to claim back the costs off the leaseholder (who could claim off the tenant.

However there would have to be proven negligence which is unlikely.

twizzyone

Doh! Sorry yes that should have said freeholder, I pay Him service charges etc so i am the leaseholder sorry! So that cleared up is it a building insurance issue and how do I explain this to the freeholder?

G_M

Write him a polite letter simply stating that as the damage is to the building structure it should be covered by the buildings policy.

That's all. Don't get into explanation, or discussion. Leave the ball in his court to resolve.

twizzyone

Thanks G_M it's just he rings me up and then gets very patronising with me in a way of I know being a woman you won't understand but.....so I need to know how I say it to him, when he last spoke to me I said I thought it sounded like it was a buildings insurance claim but he said it was not as the leak looked like it was from my flat and therefore my responsibility and I had to pay

Kynthia

When he rings, state that you have already written to him and repeat that he needs to go through the building insurance. The less you get into a discussion the less he can twist what you say or talk you into anything. My freeholder refused to claim on the building insurance to repair my front door when our flats were broken into, saying it was a contents insurance issue. My dad is very knowledgeble regarding insurance and we got it sorted in the end.

twizzyone

Thank you I will try this, would email be ok rather than snail mail? So do we agree this is a claim under buildings insurance that he has rather than me paying or the repairs?

thequant

twizzyone wrote: »

Hi all, and thanks in advance for any advice given. This is my problem, I rent out a flat in a leasehold building. The kitchen floor is the ceiling in the communal area. There was a leak of water through this ceiling and through the communal light. The leaseholder sent out his maintenance man who told me he could not ascertain where the leak was coming from but he was not sure it was even from my flat but the leaseholder "knows you're one of the only ones to have insurance so pin it on her" the leaseholder is notorious for not paying for repairs or just not repairing unless he absolutely has too. Now my tenant had told me she had a blocked kitchen sink, I sent out dynorod the same day and he apparently just plunged the sink and it was clear. When the tenant old me about the leak through the communal light I again sent out dynorod who told her it was just residue from previous leak and would dry out. The leaseholder has now rang me and said his maintenance man has been out again and has pulled down the ceiling as it is sopping wet and says the leak is looking like from my kitchen and as such it is my responsibility and I need to claim on my insurance to make good. However it is my understanding that this would come under the buildings insurance he has and that I contribute to under service charge payments but he disagrees, but and I think quite rightly my contents insurance say it is not a content issue. And British Gas say there cover is to stop a leak and not repair although I feel I could argue that they attended twice and obviously did not find and fix the leak and thus we have this damage and as such they are liable to repair the damage? I need help from you knowledgeable guys in the exact wording to use with this slippery leaseholder who is very patronising to women and will try to wriggle out of paying for or doing anything. Thanks in advance.

Friday night I'm Pished, can you paragraph this please

twizzyone

Leak poss caused damaged to communal area freeholder says cant claim this on his buildings insurance and I have to pay right or wrong!

G_M

twizzyone wrote: »

Thanks G_M it's just he rings me up and then gets very patronising with me in a way of I know being a woman you won't understand but.....so I need to know how I say it to him,....

would email be ok rather than snail mail?

I can add nothing more:

Write him a polite letter simply stating that as the damage is to the building structure it should be covered by the buildings policy.

That's all. Don't get into explanation, or discussion.