Leak from the flat above.

Pixie5740

economic wrote: »

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.

It wasn't a stupid comment at all, that's exactly how it is if an accident causes damage to a flat below. It's only if the person above was negligent that there might be a claim against them. You're free to find it stupid and crazy but it's like that and that's the way it is.

G_M

economic wrote: »

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.

Perhaps. That's a matter of opinion.

And both your opinion, like mine and everyone else's, is irrelevant.

What matters is the legal position. Nobody is saying the law is sensible and sane, we're just trying to let the OP know what the law says.

Of course, in the example you give above, the law might conclude that it was negligent of you to try to carry such a heavy object without assistance, and thus hold you liable.

Freecall

economic wrote: »

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?

Yes, that is correct.

Unless you were negligent in some way.

Accidents happen, that's why we have insurance.

economic wrote: »

This is a stupid comment..... That's just stupid and crazy.

Somewhat sweeping comments, we are just trying to help, any particular reason for them?

economic

All of you are too quick to assume this accident is not legally enforceable. That's just not true. The lease is a legal contract. It should mention something the Op can use to legally claim against the flat above. But before that the Op shojld just ask the leaseholder first for compensation or getting the ceiling fixed at their expense. That's what happens in the real world when we try to cooperate with one another.

Pixie5740

Anything the leaseholder above may offer would be a goodwill gesture and nothing more. A washing machine developed a leak....an accident. Now if the people above continued to use the washing machine now knowing that it is leaking that would be negligence.

Freecall

economic wrote: »

The lease is a legal contract. It should mention something the Op can use to legally claim against the flat above.

So something along the lines of :

The leasholder shall be responsible for all damages incurred by other demised premises within the building howsoever caused provided the demised premises is also damaged notwithstanding common law.

That should do it.

Good luck getting a mortgage and don't waste any time speaking with insurers.

In what you call the 'real world' there are potential losses which exist which are both possible and insurable.

G_M

economic wrote: »

All of you are too quick to assume this accident is not legally enforceable.
Not at all. We have simply pointed out that for the upstairs flat to be liable in law there needs to be negligence. We do not know the cause of the leak, or the circumstances around it. There may or may not have been negligence.

But it is also difficult to prove negligence, which the OP would need to do for a claim to stand up in court.

That's just not true. The lease is a legal contract.
Errr... between who? The Op has no legal contract with the owner upstairs.
It should mention something the Op can use to legally claim against the flat above.
It may. It may not. We can't read the lease. But as I suggest above, even if it does, proof of a breach of the lease would be required for the freeholder (NOT the OP who has no legal contract with upstairs) to bring a successful action in law.
But before that the Op shojld just ask the leaseholder first for compensation or getting the ceiling fixed at their expense. That's what happens in the real world when we try to cooperate with one another.

Certainly you are right about 'just ask'. An amicable approach, and discussion, could result in an offer of compensation, whatever the law says.

Mokka

Having attended a seminar on buildings insurance for leaseholders I was astonished to discover that even if someone falls asleep in the bath whilst drunk and causes flooding and damage to other properties this would be still classed as an accident.

However if the same occurred for the second time it would count as negligence.

Astonishing, isn't it?

G_M

Mokka wrote: »

Having attended a seminar on buildings insurance for leaseholders I was astonished to discover that even if someone falls asleep in the bath whilst drunk and causes flooding and damage to other properties this would be still classed as an accident.

However if the same occurred for the second time it would count as negligence.

Astonishing, isn't it?

Why? Seems logical to me.......

A perfect example of the difference in law between an accident and a negligent act.

economic

G_M wrote: »

Why? Seems logical to me.......

A perfect example of the difference in law between an accident and a negligent act.

completely illogical to me. accident or not the flat above should compensate for any financial loss. should be simple as that.