Water Leak from upstairs flat - Whose insurance?

vaio

*Scarlett wrote: »

Whilst the op's actions (leaving a tap running) did cause damage to another property, there is no evidence that he did this on purpose or left the tap running after he knew about it (which would be negligent).

This was an accident and the damaged flat contents below should be covered by their own insurance.

The most the op should have to pay is the £100 b xs to repair his own flat as this is in the contract.

negligence doesn't have to be "on purpose", it just needs to be err negligent

An adult leaving a tap running should be aware that, sooner or later, it is going to cause a flood, and failing to keep an eye on it is negligence.

Might be a different story if a small child got up early and decided to run mummy a bath as a surprise, set the taps running but then got distracted by lego (personal experience talking here folks!)

inoutnotsure

The situation appears that damage has occurred and it came from Jenje's flat. If there is damage to the contents, J claims from her contents insurance. If there is damage to the buildings, the landlord claims on his insurance company to cover the cost of repairs and the insurance company enacts subrogation (as Danger points out) and claims against J's insurance company. The landlord pays the excess, unless there is a lease agreement that the tentant is liable to pay (as it appears to be the case here because of the Contractual agreement).

Similar to the landlords situation, the downstairs tenant would have to claim from their insurance company to repair the damage. The third party would also claim back the costs from J's insurance company. But there is no Contract between J and the other tenant so there is no need to pay any excess. This should be dealt with between the insurance companies.

A bit more info on buildings and contents here:
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/30/30-ins.htm

The landlord does not want to get involved probably because he does not want his premiums affected?