Water leak

GAH

Hello all,

Wondering if you could help me with this point.

Have a friend whose flat is above another flat. He had a leak in the bathroom which unfortunately travlled to downstairs flat and has caused some damage to downstairs owners flat.

Who is it up to to call their insurance. The downstairs occupier is refusing to call their insurance company saying the onus is on the upstairs.

I have said to friend that I thought it would be down to downstairs owner to call their insurance provider to make a claim??

My friend is not trying to sherk anything, and is happy to provide them with any info needed.

Surely as its their flat downstairs, they just need to contact their insurance and if necessary make a cliam against my friends insurance.

Just to add a note, the downstairs people aren't the friendliests, and wouldn't let him see the damage, or supposed damgae caused.

Any comments would be helpful.

G_M

In most cases, the buildings insurance is arranged by the freeholder for the whole builing, (with cost coming out of the annual service charge or similar arrangement).

So the freeholder (or their management company) should be informed.

In a few cases, each flat-owner takes out their own policy, which is much more complex (as you are now finding).

Where is the damage in question? If it is downstairs, then the lower flat should claim on their policy for the damage to their flat. Their insurance company, of course, may place the blame on the upstairs flat, and try to make you, or your insurance company, re-imburse them.

BertieUK

I would have thought that your friend, who caused the problem in the first place, should have his insurers pay for the repair work needed otherwise if downstairs make a claim then their Insurance Premiun could stand to be raised next time that it is renewed.

julieb1987

The OP friend's insurance covers his property...not the person downstairs. They need to call their own insurer, to claim off the friend's insurer surely?

If someone hits me in their car, I don't call their insurance company first do I?

kingstreet

The only way the upstairs flat owner would be responsible is if negligence in some way caused, or contributed to, the damage.

G_M

GAH wrote: »

The downstairs occupier is refusing to call their insurance company saying the onus is on the upstairs.

Just to add, if they don't call their insurerer, they are unlikely to get the repairs to their flat paid for are they......?

GAH

Thanks for the replies.

My friend has no issue with downstairs claiming against his insurance.

The problem is the downstairs people are telling him that he should be contacting his insurance to sort it out.

He doesnt know the true extent of the damage anyway.

Some of your comments have confirmed my own thoughts, that the downstairs should call their own insurance and claim off my friend, he has no problem with this at all.

Thats unless of course, the downstairs actually has no insurance, which is more fool them.

In fact, im sure my friend would probably even pay privately, if it wasn't a hoorendous amount but he would need to know the true amount of damage, which he doesn't.

kingstreet

Presumably this is a leasehold property?

It would be usual for the building to be covered by a block buildings insurance policy, so the downstairs neighbour should be asking the freeholder or management company for details of the buildings cover, if the damage is of that nature. It will be the same policy as your friend, so it matters not who claims.

If the neighbour has contents damage, the neighbour needs to contact their own contents insurer.

GAH

Thats where it becomes a little complicated. Not a big block only four flats. Share of Freehold. And everyone has a different building insurance provider.

The damage is internal.

G_M

GAH wrote: »

Thats where it becomes a little complicated. Not a big block only four flats. Share of Freehold. And everyone has a different building insurance provider.
Crazy. If all 4 share the freehold, it would a) be easier AND b) be cheaper if they took out a single block policy and paid 1/4 of the premium each!

The damage is internal.

Internal/external it is still 'buildings' if it is the structure (ceiling, joists, walls etc.

It would only be covered by 'contents' insurance if the water had damaged.... the contents (furniture etc)

kingstreet

Off topic, perhaps...

I wouldn't want to be involved in a massive loss, like a fire. That sounds like a nightmare.

I reckon 4x sole cover costs more than a block policy divided by 4 as well.