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Fraud

My query is regarding a leaking kitchen ceiling allegedly caused by the owner of an upstairs flat - me . I have an outside balcony over the kitchen roof of downstairs. It was of asphalt construction with wooden decking laid – not nailed or screwed – on the top. Downstairs are the free holders and I am a leaseholder


In November 2012 an insurance claim was made by the owner of the kitchen downstairswho stated that water was poring in through the roof and she had to use buckets to catch the water. She stated that the electrics were affected. The insurance company turned down the claim due to ‘wear and tear’

A claim for repair was then made to me by them who wanted half the costs of the repair to her ceiling and my balcony. They stated that I had built a ‘garden’ on the balcony and this had caused the problem.

I was was not cooperative as I had not built a garden at all and the whole business was forgotten.Downstairs had – I believe - the damage corrected from her flat, underneath the ‘leak’

Forward to today. Downstairs flat was sold to a Miss T in November 2014. Miss T had not seen any water damage, no leaking, nothing.

As I was having new neighbours and didn’t want any problems - I decided to have the roof resurfaced anyway. The wooden decking has been removed and the asphalt appears to be intact

My concern is a fraudulent insurance claim and demanding money under false pretences.

Can the leaking roof be mended from underneath?

Can it just mend itself?

Is one able to tell if there was any damage originally or if indeed there ever was a leak?

I am about the have the asphalt torn up. Would any leakage/damage be evident?


I have had very nasty trouble from downstairs for years, but this i feel is something else.


Any suggestions would be very gratefully received and thank you

Comments

  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Why are you worried about this - did your insurance actually pay out to the resident directly beneath you in 2012?
    "You were only supposed to blow the bl**dy doors off!!"
  • Bily
    Bily Posts: 3 Newbie
    No, but i object to anyone trying to get money out of me by fraud.

    Because I was worried, I had the decking ripped up and now have to re roof - costing me £3000+ - and it could have been for nothing.
  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Why do you have to re-roof? If the decking wasn't attached then presumably the asphalt is undamaged

    You said the asphalt appears to be intact. It is quite possible that a small puncture can cause damage quite a distance away - maybe a join to the wall can cause water ingress.

    Most of your questions are more suited to the Home Owning part of the forum rather than insurance. Have you asked your roofers opinion?
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