Claim from Neighbouring Flat

Bazman

Hi there,


There was an issue with my flat that impacted the flat below mine.


There were no symptoms in my flat, and I had it fixed as soon as I was made aware of it, and I can prove this. However there was a delay, to me finding out out because we were between tenants, and I myself was also moving house.


I acted as soon as I found out, what more could I have done?
If I can prove this is the case do they still have a case?
Moreover the boiler has always been properly maintained and I can prove that too? It was just very bad luck timing wise.


To add some colour there have been occasions in the past where damage to the roof meant my flat was damaged but I bore these costs myself I didn't expect the other owners to pay even though technically the maintenance of the roof in the responsibility of every owner. But I didn't think it was fair to ask the others to cover it?


Baz

AnotherJoe

I'd have thought if there was a valid claim it would be down to your insurance to pay, so just pass it on to them.

I dont think your past behaviour regards the roof is irrelevant to this claim. I would say though that you should most certainly have had everyone contribute. Is there no management company or similar sinking fund associated with this property that everyone contributes to?

booksurr

if your boiler leaked and damaged the flat below then yes it is your liability, that is what an insurance policy is for, the unexpected event which you could foresee may happen but not when it will happen. the fact you reacted relatively quickly does not remove your liability for the fault in the first place, it's just one of those things that happen

your gesture of paying for the roof does not mean others have to make their own gestures towards you when it is not their fault that they were damaged. Collective liability means collective and is what service charges etc are there to pay for

G_M

Bazman wrote: »

Hi there,


There was an issue with my flat that impacted the flat below mine.
For a precise answer, provide precise details

There were no symptoms in my flat, and I had it fixed as soon as I was made aware of it, and I can prove this. However there was a delay, to me finding out out because we were between tenants, and I myself was also moving house.
so no 'negligence'.


I acted as soon as I found out, what more could I have done? nothing more
If I can prove this is the case do they still have a case? a case for what? You do not say what is being claimed.
Moreover the boiler has always been properly maintained and I can prove that too? I don't understand the question It was just very bad luck timing wise. I don't understand the statement.


To add some colour red? there have been occasions in the past where damage to the roof meant my flat was damaged but I bore these costs myself I didn't expect the other owners to pay even though technically the maintenance of the roof in the responsibility of every owner. But I didn't think it was fair to ask the others to cover it? I don't understand the question


Baz

What is the relevance of historic roof repairs to current boiler-induced damage?

If the damage downstairs is to contents /belongings of the occupants, they should either

* claim on their contents insurance
* sue you and provide evidence of your negligence, or
* go shopping and replace their damaged items

If the damage downstairs is to the structure of their flat, they should either

* claim on the property's buildings insurance
* sue you and provide evidence of your negligence, or
* go to B&Q and buy some plaster, paint or whatever is needed to repair the ceiling, wall etc

Or you could offer some goodwill contribution towards the costs and come to an amicable agreement over tea and cake.

GDB2222

G_M wrote: »

What is the relevance of historic roof repairs to current boiler-induced damage?

If the damage downstairs is to contents /belongings of the occupants, they should either

* claim on their contents insurance
* sue you and provide evidence of your negligence, or
* go shopping and replace their damaged items

If the damage downstairs is to the structure of their flat, they should either

* claim on the property's buildings insurance
* sue you and provide evidence of your negligence, or
* go to B&Q and buy some plaster, paint or whatever is needed to repair the ceiling, wall etc

Or you could offer some goodwill contribution towards the costs and come to an amicable agreement over tea and cake.

If I can summarise what G_M is saying, you are probably not liable. Accidental leaks do occur, and you are not liable if you kept the installation in good repair and stopped any leaks in a reasonable time-scale. That last bit may be a problem.

bouicca21

It would be easier and less stressful if the downstairs flat claims on insurance. The insurance company would then pursue your insurance company if they thought there was a liability. The two insurance companies sort it out, leaving you and your neighbour to get on with things as normal so that neither of you experience lasting fallout.

Pixie5740

booksurr wrote: »

if your boiler leaked and damaged the flat below then yes it is your liability, that is what an insurance policy is for, the unexpected event which you could foresee may happen but not when it will happen. the fact you reacted relatively quickly does not remove your liability for the fault in the first place, it's just one of those things that happen

No it's not. It's down to the downstairs flat to make good the repairs themselves or claim on their own insurance. Anything the upstairs flat offers is purely a goodwill gesture.

Downstairs only have a claim against the OP is they can demonstrate that (s)he was negligent.

Kynthia

Leaks in flats are one reason why in England the property as a whole has one insurer. That way there's no arguments between insurers about which company is responsible for damage to one flat caused by another or for repairs to one flat caused by a leak in tge building roof. Anyone wanting to claim any investigations, repairs or redecoration should go through the building insurers.