Leak in leasehold flat - buildings insurance won't pay

lucyonline

@mrschaucer - I may not be responsible for the damage downstairs, but it's not actually that much (may only be repainting the ceiling). What will be expensive will be removing my kitchen units, digging through the wall, and finding and repairing the leak. Which is likely to cost thousands and they're definitely saying I'm responsible for that.

@futuregirl - is that so? I called a bunch of insurance companies and they all said the same thing: I can only get contents insurance for the flat, not buildings as I don't own the building.

Marktheshark

Turn off your stopcock and drain down the taps to see if the leak stops.
If it does, it is in the pipes that serve your flat.
If it does not, then it is not your problem.

A simple test.

Quentin

lucyonline wrote: »

Ok, so assuming that's true, what do I do? You've seen the email from management who insist that I will be held responsible. I don't have the money to fight this with expensive laywers...

You don't need a solicitor.


A simple letter saying you deny any negligence and thus any liability for the damage caused to your neighbours flat. If they persist with this line, then simply bat everything back at them with the same reply (ie you deny being negligent)


Whatever they say, it will be down to them to prove the damage done is as a result of your negligence - which they cannot!


(If the stopcock test proves the water is coming from your pipes then you do need to take steps to prevent the damage getting worse)

lucyonline

I'm very grateful to everyone for their help and advice with this but I think the point is being missed. It's not about who will pay for the neighbour's flat, not really. It's about who will pay to find and fix the leak and for the damage done to my flat in the process.

The management company say they will send the bill to me. I'm not sure denying negligence will help as the terms of the lease do clearly state that my pipes are my responsibility (even if those pipes are outside the walls of my flat) and the lease says nothing at all about negligence.

Quentin

The lease won't mention anything about negligence!


Your OP suggested you were worried because you were told that you were responsible for any damage caused to the downstairs flat.


If that is not the issue, then forget about the advice on negligence!

lucyonline

Well yes, I am responsible for the damage too. It's all wrapped up in the same thing. There would be no need to fix the leak if it wasn't causing damage to the downstairs flat. But finding and fixing it will also be expensive and cause damage to my flat. It's part and parcel of the same thing - a leak in a pipe that they say is my responsibility and mine to pay for - and I don't think I'm any closer to figuring out what to do!

Quentin

lucyonline wrote: »

Well yes, I am responsible for the damage too. It's all wrapped up in the same thing.!

No you aren't!


As has been explained you are not responsible for any damage done to downstairs! You have not been negligent.


If the water emanates from your flat it doesn't mean you have to pay for the damage caused to other flats by the leak, irrespective of what the agents say.

lucyonline

Ok, but what about the cost of finding and repairing the leak, and the damage done to my wall and kitchen in the process?

Quentin

That is down to you to resolve with the freeholder (maybe worth following the advice of the agent and speaking to whoever did your conveyancing)


But be certain it is your pipes that are leaking before you allow any work to be done inside your property by the managing agent!

FlameCloud

Have you actually seen a copy of the insurance policy? A lot of flat based property owners policies will have an interested parties clause. I've seen managing agents outright lie about the cover available on policies, either through not knowing or wanting to protect low claims buy back clauses.