Leak from the flat above.

anselld

We are talking a coat of paint so it would be crazy to go the insurance route. The above owner should pay, or possibly the T if they own the offending washing machine but if they refuse it will be easier to just get the brushes out. Use something oil-based first to seal the stain.

Pixie5740

The flat upstairs isn't necessary liable for the damage to your ceiling. A leaking washing machine sounds like an accident rather than negligence so it's likely that any damage caused to your flat should be covered by your insurance. Although depending on how much damage we're taking about it might not be worth making a claim (paying the excess, increased premiums next year) and just getting the work done yourself.

nicmyles

How we've always worked it in our building is that if there's a leak, the person whose flat it's from needs to get a quote for all repairs. If the quote is less than the insurance excess, the responsible flat pays it. If it's greater, a claim is made on the buildings insurance which is held by the managing agent on behalf of all flats (all leasehold). The responsible flat pays the excess.

That's always worked as a fair method for us, but obviously depends what your neighbours think is fair!

economic

Don't overcomplicate it. It's the above flats leaseholders responsibility. Get them to pay. Simples.

Hoploz

Can you get contact details for the upstairs landlord and speak to them directly? Perhaps the tenants would be able to give this to you (LL contact details will be on their lease)

When this happened in my mum's flat she was not aware of any leak till I told her water was on our ceiling. She then got the problem fixed and offered to pay for damage but as its just a bit of paint we said not to bother. This could be the simplest route for you. In your case the LL will be aware of the problem already so it'll be no surprise and they might just offer to sort it for you - if it's beyond what you can clean up yourself of course.

Freecall

economic wrote: »

It's the above flats leaseholders responsibility.

How do you know? It may have been an accident.

carefullycautious

You can only claim from the above neighbour if you can show negligence.


I was flooded from above due to burst radiator and had to claim via my insurance company.

G_M

Although I misunderstood (thought you were a tenant), the principle in my post (3) is the same

1) you can claim off the owner of the lease above if you can prove negligence. To identify the owner
* ask the tenants for their landlord's name & address
* ask Foxtons
* pay the Land Registry £3 for the flat's Leasehold Title
* write a letter addressed to 'The Owner' and send to the flat
* write a letter addressed to 'The Owner' and send to the Foxtons

2) your contents insurance will not cover damage to the ceiling - that is part of the building, not the contents

3) your building should have insurance. This may be taken out by the freeholder, the management company, or the individual leaseholders. We don't know, but you should!

However, claiming on buildings insurance for repainting a ceiling is unlikely to be economic - next year's premium will go up because of the claim, and I wonder who pays for that.......?

economic

First thing is first. The OP should try contacting the upstairs leaseholders and kindly ask them to get ceiling fixed. That's the most sensible easiest thing before anything else.

Failing that then you will have to paint it yourself or if it costs a lot involve freeholder to either claim through insurance or take legal action for breach of lease.

It may be an accident but it would still be a breach in the lease (check it to confirm this is true, it usually is).

economic

Freecall wrote: »

How do you know? It may have been an accident.

This is a stupid comment. So if I drop accidentally a really heavy object on the floor and the flat below me has a damaged ceiling with a hole in it its not my responsibility at all? The flat below should fix it and sort it out themselves? That's just stupid and crazy.