Boiler query

ndi149

Not sure if this is the place to put this.

So some background first. I live in an upstairs maisonette, I'm a leaseholder. The person below is a tenant.
Unfortunately there has been a problem with my boiler and water has been running most of today following into where there boiler is and has now completely damaged it.
I can't use my phone, so didn't find out until quite late what was going in. As soon as I did got the engineer to go straight to my flat, where I met them and of course have seen the damaged caused.
In speaking to the tenant, after apologising unreservedly (I know that doesn't make it better) she told me that man from the housing association had told her that they would probably be suing me for what happened.
I just want to know how correct that is
We, of course have building insurance with the housing association insurers.

DTDfanBoy

Your neighbour/ housing association man clearly don't have a clue

Your neighbours landlord will need to contact their own insurance company to get their damage sorted out, unless you have been negligent in some way you are not liable for any of the damage caused in the property below yours.

ndi149

Thanks for that, that's what I thought and I was trying to tell her that, but as my boiler had caused the damaged I didn't want come across as being arrogant or nonchalant about the situation.
They are doing a survey tomorrow so hopefully that will shed some light on the extent of the damage. I'm getting the boiler replaced on the back of this, so shouldn't be any further issues

Argghhh

how can they not be responsible? their boiler leaked, damaging someone elses property, it wasnt an act of god. Their insurance company will want to claim off the other persons insurance. Lets put it this way - if i was 2k out of pocket because of upstairs boiler breaking mine and they werent going to pay for the repair/replacement, there would be some unfriendly people knocking on their door until it was paid

ndi149

Would you be trying to sue me for it or is that what my insurance is for? That's what I'm trying to ascertain. You sound like you would. We both have the same freeholder, so not sure howthat stands.

It obviously wasn't intentional, but you are saying that I should folk out the money to pay to have their boiler replaced?

stator

If they do sue technically they would sue you. If your insurance covers liability to other people's property then they would take over the case for you and probably settle.

davidmcn

stator wrote: »

If your insurance covers liability to other people's property then they would take over the case for you and probably settle.

You think they would settle even if there's no negligence?

ndi149

judging by your comments, seems like a bit of a grey area. I thought this might be a common type of problem between flats. The Housing Association are surveying tomorrow, so I'll find out how they want me to proceed then.

When I called my insurer they thought that this might fall under the building insurance, but damage to a boiler almost seems like a contents insurance issue.

It definitely sounds like the damage to the boiler is going to make difference to how this is handled.

stator

davidmcn wrote: »

You think they would settle even if there's no negligence?

I've no idea if there is any culpability or not

Argghhh

if your boiler hadnt leaked would they be out of pocket? no. why should they then be out of pocket because it did leak?
Common decency applies here regardless of grey areas.

boliston

Argghhh wrote: »

if your boiler hadnt leaked would they be out of pocket? no. why should they then be out of pocket because it did leak?
Common decency applies here regardless of grey areas.

This is why is always pays to always have your OWN insurance so you are covered for this type of loss. There are often instances where you can be out of pocket through no fault of your own if it was a genuine accident (ie without any actual negligence being involved).