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Water damage from upstairs flat - my rights?
tizzle6560
Posts: 354 Forumite
As the title suggest - in the last 12 months we have had two separate (albeit not disastrous) leaks from the flat above - once when their overflow on the bath wasn't working/connected properly, and more recently from their washer machine suffering from a minor leak too. Both have left yellow watermarks on our ceiling that whilst are drying out, are still very visible.
Are we within our rights to request from the owner above that our ceiling be repainted? Either as a claim through his home insurance or simply cash settlement? Thanks
Are we within our rights to request from the owner above that our ceiling be repainted? Either as a claim through his home insurance or simply cash settlement? Thanks
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Comments
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Yes of course you are.
Look at it logically they could otherwise leave the taps running drench your place and say "yah boo sucks".0 -
AnotherJoe wrote: »Yes of course you are.
The flat above can only be liable if they were negligent.AnotherJoe wrote: »Look at it logically they could otherwise leave the taps running drench your place and say "yah boo sucks".
This example is completely different from the OPs situation. Leaving the tap running the flat above would most likely be liable due to thier negligence.0 -
ashleypride wrote: »The flat above can only be liable if they were negligent.
This example is completely different from the OPs situation. Leaving the tap running the flat above would most likely be liable due to thier negligence.
So are you saying that if not down to negligence, I have no case to ask for it to be repaired?0 -
Your claim is for consequential damage on the buildings insurance. Of course the excess may mean this is not worthwhile.0
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If damage occurred after you reported an issue to them they failed to rectify, they would be liable as they had been negligent in not correcting a problem notified to them.
Otherwise, it's up to your insurers to handle any damage to your property.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
A couple of years ago, the bathroom in the flat above my mothers flat had a leak which caused extensive damage to her bathroom. It was all repaired by (I presume) the upstairs flats insurance but in any case, not hers.
I would make a start by claiming against the flat above.0 -
Presumably, the buildings insurance for the block, rather than any individual's contents cover?AnotherJoe wrote: »A couple of years ago, the bathroom in the flat above my mothers flat had a leak which caused extensive damage to her bathroom. It was all repaired by (I presume) the upstairs flats insurance but in any case, not hers.
I would make a start by claiming against the flat above.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
Buildings insurance for the building deals with this kind of issue. It's common in flats for a leak in one to damage another so it's one of the many reasons you only have one buildings insurance for the whole building, so that it can be dealt with in house.Don't listen to me, I'm no expert!0
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Ok, so the OP should be claiming against the properties building insurance then?0
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Buildings insurance for the building deals with this kind of issue. It's common in flats for a leak in one to damage another so it's one of the many reasons you only have one buildings insurance for the whole building, so that it can be dealt with in house.
Thanks for your advice. Will this increase our insurance premium the following year? much in the way car insurance seems to work?0
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