Problem with someone else's builder

32b3in2013

HI

I am not sure this is the correct place to post this, but here goes.

I rent my flat from a company who sold the flat above mine to a private buyer. The buyer of the flat upstairs have had extensive work done on their flat and are now having a en-suite bathroom put in. This latest work is un-related to the original work which was carried out and is being undertaken by a different builder.

Earlier this week there was an almighty crash and I found that the ceiling in one of my bedrooms had collapsed and water was pouring into the room all over the bed, TV, iphone which was on charge on the TV stand and clothing. The bedroom next door had water pouring through the ceiling but the ceiling has not collapsed. The water was coming from a pipe that the builder had moved and which had been fractured.

The builder arrived the next morning and came and had a look and said he would call his insurance company. He refused to tell me his last name, and he also refused (and is still refusing) to tell me his insurance details and claim number. The ceiling in the first bedroom is still falling down but smaller chunks are falling now. He came into my flat on Thursday saying that his insurance company had asked that he send pictures of the damage to the ceilings and of the damaged items. He did this and

I called the insurance company he said he was insured by, and they couldn't tell me anything without his permission even if I did know anything other than his first name. I didn't expect them to be able to tell me anything, I just wanted to ask them whether he should have come into my flat and take pictures.

What I would like advice on is should it have taken nearly a week for the insurance company to come in and assess the damage he has caused, and also, should they have asked him to come and take pictures and send them to the company?

I have been speaking to the owners of the flat upstairs today and they said they don't trust him, but they have already paid him to complete the work he has yet to finish for them.

It all sounds a bit dodgy to me.

Should I just claim on my contents insurance for the damaged goods and let my landlord sort out the damaged ceilings? or should I just trust that this builder is true to his word and he is going to sort out the repair of the ceilings and the replacement of the damaged goods? I forgot to mention that he is really rude, I told him earlier today that if, as he had said I will, I hadn't heard from his insurance company by COP on Tuesday, I would be letting my insurance company take this problem up with his insurance company (assuming that one insurance company to another share details that I would not be able to get).

Many thanks for any advice and sorry again if this post is in the incorrect section.

32b3

pimento

Have you taken your own photos? I would say that it should be the owners of the flat above who should be claiming on their insurance and not the builder.

I assume the owners have insurance?

32b3in2013

Thank you for the reply pimento, I have taken my own photos too.

The owners do have insurance as far as I know, they moved out again when this new work started, so are not here often. They were in on Tuesday though when the ceilings collapsed but they had to call the fire brigade because they couldn't find the stopcock to turn their water off.

I will speak to my insurance company if I don't hear from the builders insurance on Tuesday and see what they suggest. I only have contents insurance as I rent, but presumably they will still liaise with another company on my behalf whether that be the builders insurers or the owners insurers.

Thank you again

32b3

BitterAndTwisted

When did you inform your landlord of this disaster?

shellsuit

Did you let your landlord know ASAP, as it's them who should be sorting it all out, it's not down to you as it's not your property.

bitsandpieces

If you haven't told your landlord yet, do it now! And apologise for not having done so sooner. The issues with the building at their responsibility to sort out, not yours - an advantage of renting is that someone else gets to deal with the hassle of structural repairs

If you haven't already, I'd let your insurer know the situation with your damaged property. You may well end up having a choice between claiming on insurance/suing the builder or people upstairs (and, if you do claim, you may be able to sue them for any excess). However, sorting the hole in the ceiling seems more urgent!

32b3in2013

Thanks everyone

Yes, the landlord knows. I reported it on Wednesday morning. I will call them again on Tuesday to get them to come and sort out the ceiling and will call my insurance company back to make a claim through them.

The reason the landlord hasn't been yet is because the builder has been saying since Wednesday that his insurance company will be in to assess.
32b3

ValHaller

The owners of the flat above are responsible in law for what happened - the builder is in turn responsible to the owners.

So if you want someone to sue, then sue the owners, apologetically, because the builder did not leave his contact details.

dacouch

I would claim off your Home Contents Policy, you will get claims paid on a new for old basis (Clothing and Linen may be subject to "wear and tear").

If you claim off the builders Insurance they will normally settle contents claims on an "indemnity" basis which basically means they deduct "wear and tear" from your items.

Getting claims settled on "new for old" will mean a few hundred quid more just for the tv and iphone alone.

Draw backs of home insurance is you will pay your excess and premiums may increase, however if your Insurers recover their outlay (They may also chase your excess) then your premiums will reduce as a non fault claim.

Vampgirl

We had a similar issue a couple of years ago when the pipes froze (and the burst) in the flat above our garage. Landlord fixed the fabric of the garage but we had to claim on our contents insurance for the things in storage that had been ruined.

Though it way in no way our fault, we had to pay the insurance excess, and of course now declare it on applications....but that's life I suppose.....we'd have been in the same situ as owner-occupiers (except we'd have had to sort out the buildings too).