Insurance company nightmare

nate009

Hi Guys,


I signed up as I was hoping someone could give me some advice as I am having a nightmare since buying my own flat in September. (Giving a brief as to what's been happening)


The day I moved in there was a leak from upstairs which had damages my electrics, the ceiling, floors and boiler.


No one was living in my property for over a year so the leak wasn't noticed until I moved in.


The insurance had approved the repairs and have advised that I need to move out as they will be sealing off my kitchen for the repair. But they said I need to pay a deposit on the place I move into.. I have a young family and just bought a house so this is something I cant afford.. their other option is £10 a day for the inconvenience...


To add to this I went home last night to find another puddle of water in the bathroom and the lights flickering noticed the fitting had come loose from the ceiling so I pulled the switch and the lights came on, then I touched the fitting and got the nastiest shock of my life..


My flat isn't safe to live in but I cant go anywhere else as I cant pay the fees for the deposit, I just wanted to ask someone what can I do in this situation?


Thanks for any help

Comms69

nate009 wrote: »

Hi Guys,


I signed up as I was hoping someone could give me some advice as I am having a nightmare since buying my own flat in September. (Giving a brief as to what's been happening)


The day I moved in there was a leak from upstairs which had damages my electrics, the ceiling, floors and boiler. - How does a leak damage a boiler? In anycase these things happen


No one was living in my property for over a year so the leak wasn't noticed until I moved in. - surely though a survey would've picked this up??


The insurance had approved the repairs and have advised that I need to move out as they will be sealing off my kitchen for the repair. But they said I need to pay a deposit on the place I move into.. - where are you moving? Surely it's a hotel for a week?? I have a young family and just bought a house so this is something I cant afford.. their other option is £10 a day for the inconvenience... - I don't see why you're moving out at all


To add to this I went home last night to find another puddle of water in the bathroom and the lights flickering noticed the fitting had come loose from the ceiling so I pulled the switch and the lights came on, then I touched the fitting and got the nastiest shock of my life.. - what else did you expect to happen?! Surely you're aware of how electricity works??


My flat isn't safe to live in but I cant go anywhere else as I cant pay the fees for the deposit, I just wanted to ask someone what can I do in this situation? - Well you go to a hotel.


Thanks for any help

Sorry this is one of those problems home owners have to put up with

AdrianC

nate009 wrote: »

I signed up as I was hoping someone could give me some advice as I am having a nightmare since buying my own flat in September. (Giving a brief as to what's been happening)

The day I moved in there was a leak from upstairs which had damages my electrics, the ceiling, floors and boiler.

No one was living in my property for over a year so the leak wasn't noticed until I moved in.

Sorry, can you clarify - was the leak there for a year before purchase, or was it there for a year while you owned the flat and left it empty?

The insurance had approved the repairs

I'm surprised.
If the leak was there prior to purchase, then your insurer are not on-risk, and have no liability.
If the leak was there while you owned the place and left it empty, did they really have no terms requiring periodic inspection of empty properties?

Or is this upstairs' insurer?

I have a young family and just bought a house

I thought you'd just bought this flat?

To add to this I went home last night to find another puddle of water in the bathroom and the lights flickering noticed the fitting had come loose from the ceiling so I pulled the switch and the lights came on, then I touched the fitting and got the nastiest shock of my life..

So it's an un-earthed metal fitting? No RCD in the consumer unit?


The leak has merely highlighted an old electrical system that would strongly benefit from upgrading.

But given that you knew there was a leak and it was likely to have got into the electrics, why on earth would you then grab the metal fitting...?!?

nate009

- How does a leak damage a boiler? In anycase these things happen

The leak came down the wall that the boiler was on and stopped it from working.

- surely though a survey would've picked this up??

The survey didnt pick it up, they did the survey in april and i moved in at the beginning of september.

- where are you moving? Surely it's a hotel for a week??

I have been told its going to take 3 to 4 months to get fixed.

- I don't see why you're moving out at all.

I wont have any hot water or heating for the duration of the work.

- what else did you expect to happen?! Surely you're aware of how electricity works??

I didn't expect to get a bloody shock! I thought the fitting came loose from the ceiling.

- Well you go to a hotel.

Well thanks for that.

AlexMac

Presumably the Freeholder or their agent should have fixed the leak- if not before you moved in in Sept, then by immediately istructing repairs when you reported it to them 3 months ago?

Either way- when you refer to "the insurer" I assume you mean the Freeholder's buildings insurer? Not your own contents insurer?

Try pushing them harder via the freeholder. In every leasehold flat I've owned, there was a competent insurer (usually because I only buy "shared freeholds" so we have more control; in two cases I acted as treasurer for the freehold Company, so I actually selected and managed insurances). And the insurance for the block covered alternative accomodation costs for uninhabitable flats in the aftermath of a leak- as happened in a past flat when a more daramtic leak brought down ceilings and ruined a kitchen below. While the leak itself wasn't covered, all consequent damage was, as was lost rent/alternative accomodation costs.

Not only did the insurer (in that case AVIVA) respond immediately to action repairs and appoint their own contractors , but they responded promptly to my neighbour's, the flat owner's, claim for rent/alternative accomodation.

I assume your solicitor checked the Freeholder's buildings insurance? It's down to the Freeholder and through them, the insurers; be presistent- daily calls, emails, letters before action (as clearly someone has been negligent if the leak recurred..),.

And tackle them via your own insurer, especially if you have any legal protection cover.

Good luck

nate009

Sorry, can you clarify - was the leak there for a year before purchase, or was it there for a year while you owned the flat and left it empty?

I purchased the flat last April and the previous owner left it empty, I got the keys in September and found the damage.

I'm surprised.
If the leak was there prior to purchase, then your insurer are not on-risk, and have no liability.
If the leak was there while you owned the place and left it empty, did they really have no terms requiring periodic inspection of empty properties?

Or is this upstairs' insurer?

This was the upstairs insurer.

I thought you'd just bought this flat?

Excuse me it is a flat

So it's an un-earthed metal fitting? No RCD in the consumer unit?


The leak has merely highlighted an old electrical system that would strongly benefit from upgrading.

But given that you knew there was a leak and it was likely to have got into the electrics, why on earth would you then grab the metal fitting...?!?

Its not a metal fitting, id like to think im not that stupid. I believe its plastic and im not sure how i got a shock but i did

Comms69

nate009 wrote: »

- How does a leak damage a boiler? In anycase these things happen

The leak came down the wall that the boiler was on and stopped it from working. - I still don't see how a leak affects a boiler, but fair enough

- surely though a survey would've picked this up??

The survey didnt pick it up, they did the survey in april and i moved in at the beginning of september. - Who's they? Did you not get your own survey done?

- where are you moving? Surely it's a hotel for a week??

I have been told its going to take 3 to 4 months to get fixed. - 3-4 months? What on earth are they doing??

- I don't see why you're moving out at all.

I wont have any hot water or heating for the duration of the work. - And?

- what else did you expect to happen?! Surely you're aware of how electricity works??

I didn't expect to get a bloody shock! I thought the fitting came loose from the ceiling. - But it's electricity and water!

- Well you go to a hotel.

Well thanks for that.

Well that's kind of the point isn't it. Who do you expect would pay for your accommodation?

AdrianC

nate009 wrote: »

Sorry, can you clarify - was the leak there for a year before purchase, or was it there for a year while you owned the flat and left it empty?

I purchased the flat last April and the previous owner left it empty, I got the keys in September and found the damage.

So it was empty for five months in your ownership, without being checked once?
You bought it unseen?

Or is this upstairs' insurer?

This was the upstairs insurer.

That's very good of them, since they have no legal responsibility unless their policyholder was negligent. Since you and your predecessor were clearly negligent, causing the damage to go un-noticed for so long, they really are to be applauded.

So it's an un-earthed metal fitting? No RCD in the consumer unit?

The leak has merely highlighted an old electrical system that would strongly benefit from upgrading.

But given that you knew there was a leak and it was likely to have got into the electrics, why on earth would you then grab the metal fitting...?!?

Its not a metal fitting, id like to think im not that stupid. I believe its plastic and im not sure how i got a shock but i did

You cannot get a shock through plastic. There must have been something conductive - water, probably. But the same comments about the electrics in the flat apply. An RCD would have instantly tripped as soon as either the live or neutral shorted to earth - that would have been before you got your zap if the fitting was earthed.

Slinky

When you say purchased in April, was that when you agreed to buy it, rather than actually completing on it, which happened in September?

shinytop

For goodness sake, hasn't anyone got some helpful advice instead of blaming the OP for a leak from a property above and suggesting she conspired to give him/herself an electric shock? What does it matter when the flat was bought, exchanges, how long it was empty? The insurer has agreed to pay.

OP, I would try and negotiate the time it takes to repair with the insurer- I'm sure you won't need to be without water and heating for more than a few days and a hotel for a few days plus a tenner a day would be a lot cheaper for the insurer than weeks/months in alternative accommodation.

Wanderingpomm

How much is the deposit? Can you not credit card it? Or payment holiday your mortgage whilst it’s being worked on?