Water Leak Liability

Zuu

I own my property and have buildings and contents insurance. I found that my bathroom floor was damaged a few weeks ago so contacted my insurer who dispatched a surveyor. He advised that the damage was as a result of failure to correctly maintain the bathroom sealant and therefore it was not covered by my policy. I paid for my bathroom floor to be replaced but immediately afterward my downstairs neighbour (again privately owned) advised me of a leak in her kitchen (which is at the opposite side of property) that had damaged her ceiling. I immediately arranged for a plumber to visit to identify the cause of the leak. He could not with certainty advise where the leak was from but suggested that the sealant around my bathtub could be the cause. I arranged a builder to complete this work and informed my neighbour. 5 days later my neighbour advised me that the leak was ongoing. I contacted my insurer again in an attempt to start a new claim but was told as there was no damage or indication of the leak in my property that they would not become involved. I arranged for the builder to return, his advice at this time was that my central heating system could be the issue. After measuring the pressure of my central heating system and leaving for several days in the off state we found that the pressure had not dropped and that the leak had continued. I had the builder return again today and cut a hole in my kitchen wall which identified that the leak is behind my cabinets, behind a wall on the waste pipe shared between my kitchen and the kitchen of the neighbours above me. I am obviously fully prepared to pay the costs of the repairs but

1. Am I liable for the damage to the ceiling of my neighbour below?
2. Should my insurers have become more involved from the 2nd instance I made contact?

Please, any advice would be greatly appreciated.

southcoastrgi

as it was the 2nd leak, it could be argued that it was neglect on your part, normally your neighbour would claim off of theirs & then theirs would claim off of yours,

why on earth did you get a builder & more than once, totally the wrong person, you needed a plumber to find the leak or re-do the sealant, if he couldn't do it then he isn't a real plumber & you should have got another one

evoke

Your group block buildings insurance will cover the damage to the property below yours. But here's the messy bit:

1. Your neighbour below has to make the claim on the block buildings insurance for repairs to his/her property;

2. Your neighbour below will need to pay the excess (yes, believe it or not!);

3. A gentleman's agreement is that the flat above generally compensates the flat below for the excess so the neighbour whose property has been damaged by an issue in your property is not out of pocket.

You need to ask your neighbour below to make the claim with the building insurance company (details from your management company). Find out what the excess is and agree to pay the excess to your neighbour below to keep things sweet.

the_matrix

Always use a plumber for leaks. Builder build. They won't have a clue about leaks.

southcoastrgi

evoke wrote: »

Your group block buildings insurance will cover the damage to the property below yours. But here's the messy bit:

1. Your neighbour below has to make the claim on the block buildings insurance for repairs to his/her property;

2. Your neighbour below will need to pay the excess (yes, believe it or not!);

3. A gentleman's agreement is that the flat above generally compensates the flat below for the excess so the neighbour whose property has been damaged by an issue in your property is not out of pocket.

You need to ask your neighbour below to make the claim with the building insurance company (details from your management company). Find out what the excess is and agree to pay the excess to your neighbour below to keep things sweet.

you could be right but there is also a very strong possibility that the block insurance won't cover it, plus if it's just a coverted house & not a "block" then they prob isn't a management co & therefore no "block" insurance