Leak from the flat above.

Mimi86

One fine sunday around 2 weeks ago I woke to find that water coming through my ceiling. It turned out that the flat above had experienced some flooding due to a washing machine. I now have dirty water marks on my ceiling in 2 rooms. I own my flat.

The flat above me was rented through Foxtons and when I called the agent the following day they told me that I had to claim for this damage through my insurance. However I'm not sure if i believe them (they said they would ask the landlord to make a goodwill gesture payment - but i haven't heard anything). Also I don't have buildings cover personally as it is a large set of flats and we have buildings insurance as part of the service charge.

I'm upset to say mildly as my flat was fully renovated in September 2015 and now my ceilings have stains and my new bed was splashed with water etc.

Is it my problem and do i have to claim it on my insurance somehow?

Thanks

Kynthia

Talk to the freeholder about claiming through the buildings insurance. One of the reason flats all have one buildings insurer is to cover things that involve more than one property in tge building like leaks.

G_M

I now have dirty water marks on my ceiling in 2 rooms

You cannot claim anything as you have suffered no loss.
Your landlord, who presumably owns the flat lease, has suffered a loss and could claim
a) from the flat owner above if he can prove negligence, or
b) on his insurance, or via the building freeholder's insurance.

Your duty as a tenant (to act in a tenant-like manner) is to report the problem properly. That means in writing, to the landlord, at the address provided "for serving notices" - so write a letter.

This will also help protect you at the end of the tenancy from any accusation that you are responsible which could lead to a deduction from your deposit or worse.

What action the landlord chooses to take once he is properly informed, is up to him.

If the LL chooses to take no action, and you intend to stay long-term, you may wish to redecorate yourself. However before doing so
a) obtain the LL's permission in writing (or you could be blaimed for poor workmanship, damage, or any change in colour)
b) and why not also ask the LL to pay for the materials?

But step one is to report properly and request a repair.

Pixie5740

Foxtons are talking rubbish (quel suprise). It's your landlord who made a claim either through his own insurance or the freeholder's insurance as G_M says. You want to cover your backside by putting this in WRITING to the address for the serving of notices given in your TA as you don't want Foxtons developing amnesia about your phone call when the time comes to get your deposit back.

Mimi86

Sorry perhaps I was a little unclear above -The flat above me is rented through foxtons. I (and the mortgage company) own my property which is below.

I don;t know the name of the owner of the property above me - some students are living in it.

Thanks

Pixie5740

I'm assuming you are a leaseholder then so you either claim off your own insurance or it might be covered by the buildings insurance the freeholder has for the whole block.

Mimi86

Yes am leaseholder. Will contents insurance cover the ceiling?

economic

I would seriously no go through the insurance route. It should be a last resort thing. I had a similar issue happen to me too. Try finding out the leaseholder and contacting them to get them to pay. Or get freeholder to. Ultimately this is a breach of the lease by the leaseholder so needs to be enforced by the freeholder. With insurance this will only raise premiums which you will pay for as well as excess. Leaseholder of the top flat should compensate you fully.

In practise however this is not simple as I said above. The leaseholder and freeholder can just ignore you and then you are stuck without taking legal action which wil look very and if you came to sell your flat.

economic

You can ask the tenants upstairs or foxtons who the leaseholder is as the tenancy agreement shojld have leaseholder contact details.

xylophone

When I owned a leasehold flat, it was a requirement of the lease that all leaseholders should have their individual insurance with the same company used by the freeholder for the common parts insurance.

At all events, should the OP not be claiming on her insurance for the damage while her insurers seek recompense from the insurers of the leaseholder of the flat above?

m0bov

Contact your managing agents. You need to claim on the building insurance for your loss. How anyone can claim you dont have a lost after water coming in the mind boggles.

The ceiling will need replacing or painted at the very least.