Leak from the flat above.

economic

what happens if flat A above "accidently" leaves the tap on and goes on holiday. Flat B below is away for a few days. Flat A is flooded completely and destroys their floor and ceiling of flat B. the water floods flat B as well and all their possessions are ruined completely. Since it was an accident Flat B has to pay out of his own pocket all the expenses of the loss incurred due to the accident (assuming flat B has no contents insurance). Building insurance would cover the structural stuff for which any excess and premiums would be split 50-50 between flat A and B.

sounds really stupid and unfair to me. if i were flat B i would be fuming and being flat A i would seriously worry about flat B "accidently" killing flat A.

economic

G_M wrote: »

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

you are wrong that leaseholders are not in contract with eachother. they are. each lease will specify it. eg leasee is obiged to ... with other leasees. this is effectively a legal contract between leasehodlers as well as with the freeholder.

JamesFenway

yes i support that idea, nice thinking

Lunchbox

economic wrote: »

what happens if flat A above "accidently" leaves the tap on and goes on holiday. Flat B below is away for a few days. Flat A is flooded completely and destroys their floor and ceiling of flat B. the water floods flat B as well and all their possessions are ruined completely. Since it was an accident Flat B has to pay out of his own pocket all the expenses of the loss incurred due to the accident (assuming flat B has no contents insurance). Building insurance would cover the structural stuff for which any excess and premiums would be split 50-50 between flat A and B.

sounds really stupid and unfair to me. if i were flat B i would be fuming and being flat A i would seriously worry about flat B "accidently" killing flat A.

That would be a clear case of negligence.

economic

and to get their own back what if flat B decides to go on holoday. has one of those old cookers with no safety so can leave the gas on (without ignition) the flat and buulding fills with gas. suddenly the whole buildign blows up killing flat A. Flat B maintains that it was an accident. so under the current law is not liable whatsoever for the death or financial losses incurred.

economic

Lunchbox wrote: »

That would be a clear case of negligence.

so i am confused. why is this negligence whereas someone leaving their bath tap on and sleeping and the water over flows is an accdent? they seem the same to me.

seems to me the law is stupid and useless and people on here dont know what they are talking about...

JamesFenway

Who does that, i don't support them to share it 50-50 all the blame is on flat A how could he accidentally forget to close tap, that is negligence

economic

JamesFenway wrote: »

Who does that, i don't support them to share it 50-50 all the blame is on flat A how could he accidentally forget to close tap, that is negligence

apparently thats the way it is. its an accident. flat A is no way liable at all. makes you laugh doesnt it?

Pixie5740

It doesn't really matter what you think is logical or what you think should happen, the law disagrees with you.

In your scenario with A and B, if there is proof that A was negligible then B could have a claim against A, if not then B is going to be seriously out of pocket. Whichever way it went it would be very silly of B not to have contents insurance unless B could afford to self-insure.

economic

Pixie5740 wrote: »

It doesn't really matter what you think is logical or what you think should happen, the law disagrees with you.

In your scenario with A and B, if there is proof that A was negligible then B could have a claim against A, if not then B is going to be seriously out of pocket. Whichever way it went it would be very silly of B not to have contents insurance unless B could afford to self-insure.

yes sometiems the law is full if !!!!!!. basically only ever buy a top floor flat and never buy in areas where your neighbours are going to be idiots.