Water damage from upstairs flat - my rights?

AlexMac

The simple answer id yes, but in practice, for a minor leak, it might just be worth having a chat with the person upstairs first

It will probably depend on the insurer, and in part, on the goodwill of the leaseholder upstairs (who may not be the occupant if its a 'buy to let'.

Minor leaks happen all the time in flats- and have done several times to me or to neighbours when we were in a flat. On one occasion, the leaseholder upstairs submitted a claim to their 'contents' insurer AXA (which seems illogical), mentioning my minor damage and its modest repair cost. AXA wrote to me (not him) refusing to pay my damage on the grounds that he had not been 'negligent'! So he just bunged me a few quid from his own pocket ...

...but I was so incensed by AXA'a reply- both in their letter and snotty attitude when I rang them that I have never insured with them since and bad-mouth them on every occasion as they shirked out of a £100 claim.

AVIVA, however, who handled the overall freehold buildings insurance, were magnificent when there was a prolonged leak into my neighbours flat causing extensive damage (both flats were empty for a week as neighbour was stuck abroad due to the volcanic ash cloud- so really bad luck). AVIVA sorted the lot and even provided alternative accomodation while their contractor fixed the damage.

So you could start with your insurer; especially if you have 'legal protection cover' and ask them if you or they should contact the freeholder's buildings insurer. But even if that happens, as someone above says, if there's an excess in place you (or them upstairs) could find it not worthwhile.

So while theoretically you could try a legal claim against the neighbour, in practice, if they refuse to claim, or to pay, you's be better off forgetting it; whacking up an obliterating coast of oil based undercoat, so the stain doesn't bleed through, then repainting; a couple of hours work.

After all, you'll probably accidentally do it to someone elso some time in the future!

economic

it sounds like insurance may not be worthwhile given the excess. in any case its the flat upstairs who should be liable to pay so chat with him and ask him to pay you for damage or get it fixed at his expense. otherwise you can enforce lease covenants against him via your freeholder. last resort is court action but this may not be worth it given time, costs and if you have to sell your property in future you have to raise dispute.

my previous flat had the same problem but a bit worse then yours. I asked the leaseholder for compensation but they said its the tenants fault. I found out legally its the leaseholders responsibility so I continued to call/harass the leaseholder who finally gave in and paid up.

yes leasehold property is a pain.

tizzle6560

economic wrote: »

it sounds like insurance may not be worthwhile given the excess. in any case its the flat upstairs who should be liable to pay so chat with him and ask him to pay you for damage or get it fixed at his expense. otherwise you can enforce lease covenants against him via your freeholder. last resort is court action but this may not be worth it given time, costs and if you have to sell your property in future you have to raise dispute.

my previous flat had the same problem but a bit worse then yours. I asked the leaseholder for compensation but they said its the tenants fault. I found out legally its the leaseholders responsibility so I continued to call/harass the leaseholder who finally gave in and paid up.

yes leasehold property is a pain.

Thanks for advice, and leasehold yes, dont I bloody know it!!!

westernpromise

When this has happened to me, in an admittedlty unusually harmonious house, ordinarily you would claim on the buildings insurance and the party from whose flat the water has leaked would stump up or split the excess.

It means the ground floor flat never has to stump up an excess and that the top floor flat can never claim one if the roof leaks.

tizzle6560

westernpromise wrote: »

When this has happened to me, in an admittedlty unusually harmonious house, ordinarily you would claim on the buildings insurance and the party from whose flat the water has leaked would stump up or split the excess.

It means the ground floor flat never has to stump up an excess and that the top floor flat can never claim one if the roof leaks.

The issue I face is that the flat above us causing the leak (I am ground floor) is currently being let out through social housing, the leaseholder himself lives in Africa somewhere and has always been an issue in stumping up service charge on time etc.

Do you think it is even worth pursuing? My lease says any issues should be reported to the property management company to begin with.

Baxter100

The upstairs flat has no obligation to cover the damage unless they have been negligent.

Assuming there is a communal Building's policy then this should cover the damage. The excess would be paid from the central pot, or you might be made to pay for this.

Hazards of a mid floor flat :mad::mad:

Brown_Eyed_Girl

I've actually got a similar issue in that for two separate reasons my ceiling and wall have water stains. The original from their balcony where an issue meant water was coming into my flat - dispute between leaseholder and freeholder as to who is responsible

And now another one due to a pipe or a washing machine, not clear.

I asked leaseholder what they wanted to do. Do the want to get quotes, do they have a guy or should I just give them the costs of me doing it.

They're now saying they usually deal with insurance company. Could do it on my contents but then I have a claim. Could suggest they do on theirs, can't do buildings as massive excess anyway.

Seems like just asking them to pay for the materials is the best option? Any other ideas?

Torry_Quine

This comes up time and time again. The only time the upstairs neighbour is responsible is when they are negligent, if not then you have to pay yourself if you don't want to go through your own insurance.

tizzle6560

So Landlord upstairs has apparently said he will cover the cost of the redecoration needed after multiple leaks from bath and washer machine.

My question is - what should I ensure that they do to effectively make good on the leak? Stain block paint etc. but anything else?

Thanks

eddddy

tizzle6560 wrote: »

My question is - what should I ensure that they do to effectively make good on the leak? Stain block paint etc. but anything else?

Stain block paint is mainly for oil/grease based stains. If there are future leaks it, it may seal the dampness in the plaster - instead of letting it dry out.

I guess the main thing is to let the plaster dry out thoroughly before redecorating. If the plaster has blown because of the damp, it may need some repairs.