Opinion asked on buildings insurer and conspiring surveyor!

maa299

Hi - I have a flat that was damaged in the rains all the way back in May. There was a leak from the flat above, and water seeped into the ceilings and external wall of the main bedroom and also the kitchen's ceiling.

The managing agents for the building acted very slowly to get a roofing company to seal the leakage externally; only late last month was this done. In the meantime I had an interior decorator quote for repainting the affected areas, the managing agents had another decorator quote for the same, and the two quotes and roofing company's invoice went to the insurer last week.

On Tuesday the insurer called me to say that a surveyor (appointed by them) would go out to the property to make sure that the interior damage was indeed caused by the original leakage outside.

The surveyor visited the flat today and concluded that the ceilings in the kitchen and main bedroom were damaged as a result of external leakage, but he said that the external wall and woodwork in the bedroom are suffering from condensation due to a lack of ventilation in the room.

He then said that condensation is classed by insurers as a gradual process and so is not claimable under buildings insurance. This means that the insurer will only cover the cost of repainting the ceilings, not that of repainting the bedroom's wall and skirting board.

The sum involved is quite high for me to pay (around £750), and I feel that the surveyor has been acting collusively...in conspiratorial fashion with the insurer. It seems he's singled out what he knows to be the most expensive part of the decorators' quotes and classed it as a non-claimable item. He also seems to fancy himself to be something of a professional decorator, splitting the estimate's cost for repainting the bedroom into a ceiling itemisation (for the insurer) and a wall & woodwork itemisation (for me)!

To explain a little more on the situation, the building is dry-lined in its construction, and once water gets to the plasterboard it starts rotting. However, to minimise humidity the windows are kept open in the flat (and trickle vents used when closed), and I believe that no amount of prudence could have prevented the situation from reaching its present state (other than the managing agents acting quicker!). It certainly wasn't "gradual"; with the heavy rains of June and then those of last month, the state of the wall would very rapidly deteriorate. Some other flats in the building have had condensation problems in the past, but nothing as serious as this.

Put another way, if such a large amount of water hadn't found its way so quickly to the plasterboard, the condensation wouldn't have been nearly as severe. And the water came from the ceiling, which is part of the claim, so why on earth isn't this? After all, it's practically the same area.

I don't know if I can challenge this surveyor or perhaps instruct another surveyor (of my choice) to visit the flat and report to the insurer...is that possible/worthwhile? Or should I give up on that idea and direct some effort at getting the managing agents to share some of the expense as a result of their negligence in getting the leakage sealed quickly (frankly, I think the chances of this working are slim)?

If it's of any use, the insurer is Axa (in Bolton).

If you've got through this all, thank you for reading and thanks in advance for any help you can offer!

FlameCloud

You could get your own report, but it will cost you around £100- £150, and theres no guarantee the insurance company will change their mind.

Suveryors dont often have anything to gain from 'colluding' with the insurance company- all they do is go out and report, other builders would stand to benefit/lose from the contents of it. They are generally very accurate and detailed however and in far greater depth compared to a builders report.

There has to be a peril to cover the claim under. In this case, depending on the policy wording its either an Escape of Water (doubtful as most are only internal leaks) or more likely Storm. If a storm has not caused the internal damage, then there is nothing they can do. If it is a gradual process loss, as they are saying, then you would have to prove that that is not the case.

Do you have accidental damage cover?

maa299

Thanks FlameCloud.

It's a leasehold flat and I didn't arrange the buildings insurance policy myself, so I'd have to check with the insurer if accidental damage cover is included. I would've thought the insurer would have drawn my attention to this from the start though!

Couldn't I say it's not a gradual process because it's only appeared in one room (and not in the kitchen or bathroom, where there's steam and vapour)? Or say that it was made much worse by the external leakage?

maa299

Well, I've now found out a few things.

Accidental damage cover wouldn't help, as condensation is regarded as something happening over time (not suddenly, as an accident does).

Also, the person who visited my flat wasn't actually a surveyor, but a buildings validation consultant. The insurer has told me that I may dispute the report by seeking an opinion from someone else in the industry, and if the findings lean towards me, the insurer will reimburse a resonable cost for my surveyor's report.

Does anyone think it's worth the effort (and expense) of disputing the original report?

gazza975526570

AD cover may help - if you were unaware of an incident occuring even if it is a gradual process you may still be able to claim for it under AD.

Reagrds your dispute - my personal view is its not worth your time and money - he would only say this if it was in his professional opinion and he has nothing to gain by not being truthfull

maa299

Thanks gazza - I'll see what the insurer says about using the accidental damage cover for the claim.