Freeholder refusing to claim on buildings insurance wants me to pay does anyoe agree?

twizzyone

The problem I have is with my freeholder. I rent out a flat. I try to be a good landlady but am an amateur! I have British gas contract for the heating, pipes, appliances etc so that if anything ever went wrong I can get it repaired quickly for my tenant. But the freeholder is notorious for trying to not pay for anything and will try to wriggle out of repairs etc

Anyway tenant told me she had blocked sink so I got dynorod out then a week or so later I was told the was a leak through the light in the communal area the kitchen is above this. So I called out dynorod again they told tenant it was just residue from overflow when sink was blocked and not to worry, however two weeks after it was still leaking so called them out again and source was food to be a pipe fromthewashing machine leaking - now repaired. But there was damage to the light fitting and ceiling from the water. I told the freeholder a it was structural damage and he needs to claim from buildings insurance of which I contribute towards in the service charge - he disagrees if needed i can post copy of his response. I am getting quite stressed and worried about this so thanks in advance for any advice. In my opinion it is a buildings insurance claim, the freeholder has pulled down the ceiling and it needs replacing. I think how would I deal with it if my own house an that is what I would do

Werdnal

Who does the leaking washing machine belong to? Is it yours? Your tenant's?

If you had your own house and your washing machine caused damage to your ceiling, flooring, whatever - then fine, you claim on your buildings insurance.

If your washing machine has caused damage to the communal area/your freeholder's ceiling, then you are liable to cover the cost. The freeholder should not have to claim from their insurance for damage caused by your faulty appliance.

In fact, if the freeholder did claim, then his insurers could come after you to recover the full cost of repairs, plus their own admin fees etc for handling the claim and arranging all the work, which could end up costing you considerably more!

twizzyone

It is my tenants machine, but I pay for the buildings insurance through the service charge the freeholder does pay for it out of own pocket?
When I phone my various insurance people they all tell me as it is structural damage it is a building insurance issue, and as it is a flat I cannot get individual insurance for this hence why the freeholder does it for the whole building and we pay through the service charge

chris_m

You were already advised about this on your original thread;
https://forums.moneysavingexpert.com/discussion/4424317

AlexMac

I think the Freehold insurer should cover this, and if any insurance is in place for the rental flat, I bet that would be the outcome of the usual dialogue between the two insurers. But, taking the extent of the damage into account ( a few sqM of celing replastering; checking, and at worst, replacing a ceiling light fixture) you're arguing about only a few hundred quid? And if (like our identical case, below) there is an insurance excess of say £250, or there have been a series of previous claims on the freehold policy which could mean an increase of hundreds of pounds on the premium, it might not be worth claiming. So if either the insurer refuses to pay, or the freeholder refuses to claim, you're arguing about how to split the cost between the freeholder, the leaseholder who is responsible for the tenant's actions (you), and the tenant. I suspect you'd be wasting your time chasing the tenant, so that leaves you and the freeholder

It's tough that the freeholder's insurer has already refused (if indeed it's true that they have?). I'd be thinking of pressing the freeholder to find a better insurer! When an identical leak occurred in a block in which I lived (tenant or a letting agent failed to tighten the washing machine cold feed inlet pipe or omitted the washer; water ran for a few days into the flat below while both sets of tenants were on holiday, kitchen destroyed...) AVIVA, the freeholder's house structures insurer, were great. They immediately accepted the claim, took on the repairs via their own contractors and apart from a £250 excess (which we had to pay the insurer) they covered the loss of £many thousands as it included lost rent (the flat below was uninhabitable for a few months pending repairs). So top marks to AVIVA.

We as joint freeholders, decided to treat the £250 excess as a shared cost to the repairs sinking fund, and we also shared the increase in the following year's premium as part of the annual service charge (I was treasurer of the freehold company so I handled the insurance claim). But I can see that in your case, the freeholder and/or other people who contribute to the service charge might not feel so generous.

All you can do is negotiate

G_M

You were already advised about this on your original thread;
https://forums.moneysavingexpert.com/discussion/comment/59069253#Comment_59069253

why the duplicate enquiry?

twizzyone

ThanksG_M but things moved on since then I sent the letter as advised and received the reply and without this new post I would not have had the helpful advice from AlexMac -sorry if I have done the thing wrong, I just need help
Thank u Alex for the reply, the insurance company have not refused the freeholder says he won't claim as it is not a matter for them

Any advice greatly appreciated thank you

twizzyone

I have posted new development on other thread for fear of being told off again but am unsure it will be read as it is old so please anyone reading this please have a look
https://forums.moneysavingexpert.com/discussion/4424317
Thank you