liability for contents damage due to neighbour

Halifax402

I dont think this has been covered previously, apologies if it has.

Our neighbours boiler has caused a leak an damaged our flat below.

My neighbour had a new boiler fitted a couple of months ago this has now leaked and caused damage to our flat.

The buildings damage is covered by the landlords insurance but our mattress has been totally ruined.

The history is that we are currently in a hotel due to another leak from the same flat which is only now being repaired after all the insurance and contractor hoops. We were due to move back in on Friday but because of the new leak this time from the neighbours boiler the building repair work that has been done so far will now need to be redone and the flat dried out again and earliest is early Jan. Fortunately most or our contents are in storage but the mattress and sofa remained and the mattress is now ruined.

We did plan to get contents insurance following the previous leak but haven't managed to do this yet as the previous leak is only now being resolved and we're not in the flat and the contents are still in storage.

who is liable to replace the damaged contents? basically the mattress.

The flat above is let out and the owner has landlord insurance and the plumber who fitted the boiler I've been advised is gas safe registered and also has insurance, I'm not hopeful that the lady who owns the flat above will cover the replacement of the mattress.

theartfullodger

The liability is neighbour, possibly plumber who installed or supplier.

Anyone having insurance or not does not change this.

But an insurer may cough up.

spadoosh

Youd need to sue in order for anyone apart from you to be made liable.

Id go for the word in the ear of the landlord as to try and avoid legal proceedings and hope you can come to some arrangement as messing about with court for a mattress seems like too much effort to me.

System

The best you could probably hope for is a contribution towards a new mattress from the flat owner. I don't believe he is liable for replacement as the damaged mattress is technically second hand with little or no real value.

bouicca21

Talk to the management company about a claim on the buildings insurance for consequential damage.

Halifax402

Thank you all for the advice but I'm fed up of leaks from the flat above damaging my property, over the years there have been at least 4 or 5 and now I'm just as fed up that I don't appear to have any rights for a reasonable redress against damage to my contents

You dont expect a newly fitted boiler to leak within a few months.

Halifax402

The mattress had value to us

Slithery

Unless you can prove negligence on the part of your upstairs neighbour/their boiler fitter then claim on your insurance. It's what you have it for.

parkrunner

Halifax402 wrote: »

The mattress had value to us

How old is it and what did it cost?

AdrianC

Halifax402 wrote: »

You dont expect a newly fitted boiler to leak within a few months.

...and that's exactly why it's going to be very, very difficult to show negligence.

sheramber

Slithery wrote: »

Unless you can prove negligence on the part of your upstairs neighbour/their boiler fitter then claim on your insurance. It's what you have it for.

The OP doesn't have insurance

We did plan to get contents insurance following the previous leak but haven't managed to do this yet as the previous leak is only now being resolved and we're not in the flat and the contents are still in storage.