Neighbours Leaking Washing Machine

APB2605

On Monday evening water started coming through our bedroom ceiling from the washing machine in the flat upstairs. The water fell on our TV, DVD and PS3.

The flat upstairs is rented, the landlord of the flat says it is down to his tenant and her insurance. The tenant does not have any insurance in place? The leak was from inside the washing machine, and the washing machine was provided with the flat.

My understanding is water leaks/ flooding should come under buildings insurance which should be held by the landlord. I have also been told by someone that if the tenant was not aware of the leak and could do nothing to prevent it then it is also the landlords responsibility?

At the moment we are unable to get an assesment from either persons insurance. Can anybody tell me definately who is respopnsible and my next course of action please?

Thank you

Browntoa

Claim on your insurance and use your insurers legal protection team to sort it out

APB2605

Our own insurers seem sceptical of being able to aportion blame and therefore unsure of being able to recover our excess.
Our excess is £500, the replacement value of the damaged goods amounts to £550.

Comms69

APB2605 wrote: »

On Monday evening water started coming through our bedroom ceiling from the washing machine in the flat upstairs. The water fell on our TV, DVD and PS3.

The flat upstairs is rented, the landlord of the flat says it is down to his tenant and her insurance. The tenant does not have any insurance in place? The leak was from inside the washing machine, and the washing machine was provided with the flat.

My understanding is water leaks/ flooding should come under buildings insurance which should be held by the landlord. I have also been told by someone that if the tenant was not aware of the leak and could do nothing to prevent it then it is also the landlords responsibility?

At the moment we are unable to get an assesment from either persons insurance. Can anybody tell me definately who is respopnsible and my next course of action please?

Thank you

Well first thing first, what is the value of the items to be replaced?


I'd suggest your claim is against the LL, if he then wants to pursue the tenant that's up to him. BUT it may not even be worth claiming given that PS3 is about £25, DVD player £15 and TV £60-70? I mean it's £100-130 in total

Comms69

APB2605 wrote: »

Our own insurers seem sceptical of being able to aportion blame and therefore unsure of being able to recover our excess.
Our excess is £500, the replacement value of the damaged goods amounts to £550.

For a PS3, DVD and TV? Not a chance!

comeandgo

This is not meant to be harsh but you chose the £500 excess, if your excess on contents was £100 you would be ok, or nearly ok.

davidmcn

APB2605 wrote: »

Our own insurers seem sceptical of being able to aportion blame

Well, do you think you could do a better job? Has anybody upstairs been negligent? If not then it's the risk of choosing to live underneath someone else.

westernpromise

Typically the buildings insurance pays if it's escape of water from a pipe but the owner of the flat is liable if it's escape of water from an appliance. From what you've said it sounds like your landlord is liable is it's his property (both the flat and the appliance).

Marcus-H_2

for such a small amount (to them), you can see why your insurance do not want to know. Think you should speak to Citizen Advice, as it sounds like you dont have much chance getting insurance details out of the landlord without a legal fight!

TrickyDicky101

Unless the landlord has been negligent then I don't see he has any legal responsibility for the leak - this is what the OP has insurance to cover! You can argue the toss whether LL or tenant have any moral responsibility but that won't help OP get any money back unless LL/tenant feel particularly generous.

GrumpyDil

TrickyDicky101 wrote: »

Unless the landlord has been negligent then I don't see he has any legal responsibility for the leak - this is what the OP has insurance to cover! You can argue the toss whether LL or tenant have any moral responsibility but that won't help OP get any money back unless LL/tenant feel particularly generous.

This. I think this is the third thread I've seen in the last couple of weeks about this. If you Google you should find several articles which state that unless you can show an element of negligence you will be hard pushed to make the other party liable.