Am I liable for water damage to neighbour's flat?

kinsae112

carefullycautious wrote: »

I had to claim on my own insurance for water damage from flat above.

This is what I think generally happens. Not fair to the 'innocent' party but I think that's the way leaseholds properties are dealt with.

kinsae112

zoob wrote: »

I would say it's your responsibility, the damage in the flat below was caused by a water leek from your property, if you had a flat above you and water from it caused damage in yours, would you not be wanting the flat owner above to make good any damage caused.

I would absolutely want the flat above to pay (if I was the one affected). However, I think leaseholds aren't as fair and the lower level is largely disadvantaged & inconvenienced. I'm inclined to offer to pay as they're so lovely but I'm reluctant to set a precedent and accept the cost if There's no legal grounds for me to do so..so I thought I'd ask the forum members for advice/guidance.

MisterBaxter

Check with the Freeholder to see what their insurance covers; damage to the fabric of the building may be covered under the Freeholder policy although it almost certainly won't cover damage to furniture or belongings.

Whatever the cause the affected party should claim on their own insurance; their insurance company may then seek to make a third party claim against either the Freeholder or the neighbour if they feel that the leak was as a result of negligence by a third party. You will probably find that your insurance premiums take account of the fact that you/your neighbour are living in a flat and are priced for exactly such events.

It's no different to a terraced or semi house where a leak in one property can affect the neighbour and the insurance claim is the same but for some reason when it comes to flats people seem to have a different view on matters.

My experience is that the first line of attack by the affected party is to try and blame the Freeholder and get them to pay.

robotrobo

kinsae112 wrote: »

Following a minor leak in our flat, who'd be liable for the cosmetic repairs to the ceiling/wall of the flat below ours? wld it be us or our downstairs neighbour?

We didn't claim via insurance as the guy who we called to investigate was able to identify the source of the leak and fix it right away for much less than the insurance excess. Just wondered who makes good the water damage to the neighbour's flat. Cant find my copy of the lease

Forget the rules & regs! ok. You say its only minor damage , if so do the decent thing & get it repaired , either jointly , or by yourselves , whats £200 or so to do the neighbourly thing, you have caused them enough you say small damage problem, give over dragging your feet & get the damage fixed now. if its a lot of money then its a different ball game, or is it you are unwilling to part with a bit of your savings to put it right.
And after all that , you will be really seen as the perfect neighbours come friends.;)

chappers

There seems to be some confusion between liability and insurance.
You are liable for the damage, but whether your insurance or the freeholders insurance will cover the damage is another matter altogether.
Damage to the fabric of the building will be covered by the buildings insurance, claims for possessions etc, would probably only be payable if there was negligence.
I expect painting and decorating would be covered by the buildings insurance, but you would have to check that.

Dan-Dan

Rowan1946 wrote: »

Why would you do that?

If a 3rd party drove into your car parked in the street, would you just let them away with it & claim of your own insurance.. Off course you wouldn't .,
They caused the damage through either negligence or not keeping up maintenance or just an accident but not the neighbours fault

Certainly not my fault when the neighbours washing machine above kept overflowing litres of water into my flat even when I highlighted to them.
Their insurance paid for the repairs twice

Well , yes , then your insurance co would go after the 3rd partys insurance co