Water Leak from upstairs flat - Whose insurance?

jenje

A couple of months ago my kitchen tap was left running and caused some damage to the flat below mine. I'm now dealing with the insurance fallout and finding myself very confused as to how it all works, hoping someone can shed some light?

A few days after, I received an email forwarded by my letting agent from my landlord, saying that he'd spoken to downstairs neighbour and they were expecting me to pay both buildings and contents excesses, which I agreed to, but heard nothing since.

Received another forwarded email today, from neighbour's insurance company which said "we look to you for a recovery of our outlay and our insured’s policy excess." It also listed costs including the excess, replacing furniture and a 'suppliers fee'. I'm assuming this means they want me to pay for the replacement items & other costs?

With me being a tenant & not being able to claim on my own insurance, I'm confused as to how it should have been handled? Some people are telling me it should've all been claimed from MY landlord as the fault was within his property, but then again maybe not as blame is not with him personally. Finding the money to pay for their contents is going to be hard enough, but now I'm absolutely petrified about hearing from their buildings insurers

geri1965_2

What insurance do you have?

jenje

I have contents insurance

my_names_dave

I feel there is a breakdown in communication somewhere. Have the buildings insurers been advised of the incident?

my_names_dave

jenje wrote: »

I have contents insurance

If so then you will have public liability cover under that which should extend to this incident, should it come to that.

The fact is, they would have to prove negligence on your part to claim off you personally. If it was the case you left the taps running, then surely the overflow should have coped with it? If it didn't, then it is not your fault, and it would either come under the buildings insurance, or the landlords (if he has taken landlords insurance out that is) for not maintaining the property properly (pipe blocked etc.)

I have to confess I am not an expert on tenancy agreements so I would suggest you sit and read yours to see if there is any mention of insurance in it.

jenje

In my agreement the only mention of insurance is that I am liable for my landlord's excess (up to £100) for any claim he has to make on his policy, due to my actions. Now if things were as simple as car insurance, the way I saw it was that my flat caused the 'crash', so my flat's insurance (in this case the landlord's) would cover the damage. But when we throw in his insurance, mine, and the fact neighbour claimed on his own, it all gets very confusing.

As for the overflow, when I got the call to tell me about it all I couldn't understand how this hadn't worked, but realised once I got home that, sod's law, there isn't actually one in my sink.

I haven't dug out my contents policy as I just assumed it literally covered my belongings and nothing else so certainly will look into public liability, thank you

my_names_dave

jenje wrote: »

In my agreement the only mention of insurance is that I am liable for my landlord's excess (up to £100) for any claim he has to make on his policy, due to my actions.

That's your answer right there.

Landlords insurance would cover him for public liability and for any contents he rents the flat with, such as the fridge, washing machine, etc. It's possible that if he has that then it could come under that, but if not it would come under the buildings insurance. As the agreement does not specify the type of insurance, then from my understanding it would have to come under the general buildings insurance if he does not have landlords insurance.

It's is a material fact under the buildings insurance that they know what kind of tenants are in the property. Many insurers will not accept if there are DSS, asylum seekers, etc.

jenje

The problem is that as it stands at the moment, my landlord is not involved at all. He's happy there's no damage to my flat, so has made no claim.

Downstairs neighbour has put in a claim with his own contents policy, who presumably have agreed to pay out everything happily, but are now wanting me to cover all their costs. I was more than happy to cover my neighbour's excesses as I don't want them left out of pocket for something I was responsible for, but it's the idea that I pay this excess and then the actual replacement furniture on TOP that's thrown me.

If the claim had been made under my landlord's liability then the most he could have asked me for is £100, now I'm looking at £1000 just for contents, with presumably more still to come for the claim the neighbour was putting through his own buildings insurer.

When you say general buildings insurance, do you mean like an overall block insurance for the entire building?

I'm going to ring my contents insurance tomorrow, at the very least I can hopefully get some legal advice, if not get them to cover some costs.

Quentin

By paying your neighbours excess you look to be admitting you were liable.

Their insurer is looking to you as they consider you the negligent party to reimburse their outlay.

Forward their claim to your insurer to deal with.

my_names_dave

jenje wrote: »

When you say general buildings insurance, do you mean like an overall block insurance for the entire building?

Yes, exactly. This is what I meant by:

"As the agreement does not specify the type of insurance, then from my understanding it would have to come under the general buildings insurance if he does not have landlords insurance."

my_names_dave

Quentin wrote: »

By paying your neighbours excess you look to be admitting you were liable.

True.

Quentin wrote: »

Their insurer is looking to you as they consider you the negligent party to reimburse their outlay.

Forward their claim to your insurer to deal with.

Not nessesary from the looks of things. The OP states that: "In my agreement the only mention of insurance is that I am liable for my landlord's excess (up to £100) for any claim he has to make on his policy, due to my actions."

'His policy' from my understandings would be the buildings insurance which he pays as part of being a leaseholder, unless he has a separate 'landlords insurance' which would cover for this.