leak from my home caused damage on downstairs flat

keystone

vaio wrote: »

I'd say the agent is perfectly entitled to write as it is their managed property that has been damaged

Well we haven't actually established that is the capacity in which they are operating yet.

but I'd put money on it being a fishing letter.

Oh so would I and for precisely the reasons you state.

Cheers

dacouch

vaio wrote: »

I'd say the agent is perfectly entitled to write as it is their managed property that has been damaged but I'd put money on it being a fishing letter.

What would really make their day is if the OP wrote back saying something like "it had only been leaking for x days/weeks" or "we knew but didn't think it was that bad". Either would likely be enough to establish negligence

Assuming it's an estate agent then they probably don't understand the law

vaio

dacouch wrote: »

Assuming it's an estate agent then they probably don't understand the law

maybe, but it is sort of their job and an instinctive "blame the upstairs flat" is a good starting point and certainly what I'd want if I was paying them to manage my flat.

pigeonpie

I have the same problem, and the managing agent is trying to get me to pay the £250 buildings insurance excess charge. I'm resisting as it wasn't negligent damage - a basin tap leaked through a small hole in our bathroom floor grout - and as soon as I was made aware of it, I contacted a plumber and paid him to repair it and replace the tap. I kept the neighbour's tenants and the managing agent fully informed throughout.

Our lease is silent on liability for insurance excess. The buildings policy is in the name of our communal freehold company. We pay annual service charges which includes buildings insurance. We pay 10% of any claim.

Managing agent tried to claim the £250 excess from the owner of the flat downstairs, who has refused to pay - not unreasonably. So the managing agent has asked me to stump up the £250.
I don't see why I should be liable for a no-fault claim, as the buildings insurance is communal and I've always paid (through my service charge) 10% of any other buildings insurance claim that the freehold co has made over the years.

It's very prejudicial to owners of top flats as water generally runs downwards! The leaky tap was a relatively new one too.
It's so stressful and I hope you sort out your problem Geordie. I'd not ring your contents insurance as it'll just open a can of unnecessary worms.
It's a building insurance claim.

ic

Remember that the size of the excess is not your concern. Your neighbour has selected their excess, and pays lower premiums if its a high excess. They take the risk and pay the price. Next time they might get a lower excess.

keystone

Whilst true 'tis all a bit moot people. OP can't or won't say a) in what capacity the EA (as he puts it) is acting and b) confirm the means by which he pays for his buildings insurance.

Cheers