Leak from my flat into flat below

richdeniro

I'm sure this kind of thing has been asked several times before but just wanted to check.

Around a month ago the outflow pipe for the shower/bath underneath my bathtub leaked and caused part of the ceiling of the flat below to collapse. As soon as I was notified by the lady who rents the flat below I immediately called a plumber and had the leak fixed within a couple of days. I also obviously did not use the shower or bath until the leak was fixed.

We have buildings insurance through the management company of the property but upon looking at details I didn't bother claiming on the insurance as the plumber cost £200 and the excess on the insurance for water damage was £350.

Today I received a voicemail from the estate agent who the lady below rents from saying that they had quotes for the repair of the ceiling and that 'it wasn't going to be a very cheap repair' so could I give them a call back as they wanted to see if I would like to proceed through my insurance company.

From researching around the internet as the leak was a complete accident that I had no knowledge of I would not be negligent and so the landlord of the flat below should be the one putting the claim in for the insurance.

I would of course out of a goodwill gesture pay for half the excess but just wanted to check that I should not be putting the insurance claim for the ceiling below in?

bob_bank_spanker

https://forums.moneysavingexpert.com/discussion/5716243

Wouldn't it be funny if......

richdeniro

Lol that's not us thankfully.

richdeniro

Actually thinking about it, if he did claim would he be able to claim for the plumber cost of £200 if I gave him the invoice on top of the repair to the ceiling which would help in covering a portion of the excess?

ProDave

I think your insurance will pay for the damage to the other flat but you will be laible for the excess and the plumbing repair cost.

The insurance is not there to fix a burst pipe, but to fix the damage it causes.

steampowered

The first thing to do is to check whether your insurance covers this.

Even if you are not legally liable to pay the debt, I would still co-operate with the estate agent to put in a claim. It avoids bad will.

If the insurance denies the claim, you can take it from there.

eddddy

richdeniro wrote: »

We have buildings insurance through the management company of the property...

richdeniro wrote: »

Today I received a voicemail from the estate agent who the lady below rents from saying that they had quotes for the repair of the ceiling and that 'it wasn't going to be a very cheap repair' so could I give them a call back as they wanted to see if I would like to proceed through my insurance company.

So it sounds like the estate agents don't know what they are talking about, or are trying it on.

Any claim your neighbour makes would be on the Freeholder's buildings insurance policy (as arranged by the management co).

Based on your post, it doesn't sound like you were negligent - so you have no liability to pay anything to your neighbour. You don't have to pay for the repairs or pay any of the excess.

If the neighbour wants their ceiling repaired by the insurers, they would make the claim and pay the excess.

But obviously, you can volunteer to pay half the excess if you wish.

richdeniro

Just had this response back from the Estate Agent:

Unfortunately the damage needs to be paid for by either yourself or through your insurance. We do appreciate that you called out a plumber and have made sure the leak has now stopped however as the leak originated from your property the landlord would not be willing to claim on he’s insurance as he is not at fault.

gingercordial

richdeniro wrote: »

Just had this response back from the Estate Agent:

Unfortunately the damage needs to be paid for by either yourself or through your insurance. We do appreciate that you called out a plumber and have made sure the leak has now stopped however as the leak originated from your property the landlord would not be willing to claim on he’s insurance as he is not at fault.

Ah, lettings agents. They do like to say "unfortunately" and shake their heads sadly, as if they had uttered some indisputable fact or point of law that cannot be argued against. It is out of their hands, simply nothing they can do, just accept it. So sad.

It is a classic way of persuading somebody to agree with your position, by presenting it as a fait accompli that they would change if they could but they just can't. Remember, it doesn't make what they say true!

Pixie5740

richdeniro wrote: »

Just had this response back from the Estate Agent:

Unfortunately the damage needs to be paid for by either yourself or through your insurance. We do appreciate that you called out a plumber and have made sure the leak has now stopped however as the leak originated from your property the landlord would not be willing to claim on he’s insurance as he is not at fault.

Just tell the letting agency that you are not liable as you were not negligent it was an accident. Say that as a goodwill gesture only you are willing to cover half the costs. If they then come back insisting that you have to pay for all the damage tell them to !!!! off and that your offer is now off the table. Let the letting agent explain that one to their client.

Thrugelmir

Pixie5740 wrote: »

Just tell the letting agency that you are not liable as you were not negligent it was an accident.

Isn't that how the majority of insurance claims arise.