Subsidence Claim - Where to start?! Daunting.

Stoo1892

Morning all.

I live in an upstairs flat with a staircase coming down from the kitchen, into the garden.
I knew I had a gap between the external step and the doorstep, which had been there a short while which didn't cause concern.
While decorating, filling in some suspiciously large cracks in the plaster, I discovered a gap under the back door. On further inspection, the last step is a large concrete block which looks to have dropped underneath.

I went outside and that gap between the step and concrete block is much larger than it was. I could also see that there are two are three large cracks in the path too that I'm certain weren't there last time I was out there a few months ago.
I had a builder come round to check it out last night. Instantly said that it looks like subsidence and pointed out some cracks in the cement in the brickwork that I'd missed. He mentioned a few trees very nearby may be the cause.

I'm just concerned that I’m going to be screwed over by the insurance company. I’ve never claimed for anything in the past and I’ve been in this flat for 10 years. I'm trying to find any oversights etc. which may contribute to their cause. I'm trying to make sure that I’ve stated that there are trees near to the property etc. but can’t seem to find any mention in my details.
There are other factors but I just don't know where to start. For example, the trees in question belong to a neighbour(s) who have fenced in front of the trees trying to force them on to me. Also, I'm Leasehold in a first floor flat with a ground floor neighbour who I don’t believe own the Freehold. Not to mention I was looking to move in with my girlfriend in the next 6 months, doing the place out to sell / rent.

Sorry if this is all fragmented (like my staircase wall) but I’ve been up since 3 trying to figure this all out and just adding bits while I’m working.
I’ll omit the company for now, in case they’re watching! I'm just looking for any kind of advice or reassurance. As you can imagine I'm finding it all pretty daunting. £1000 excess it the least of my worries.

Thanks in advance.
Stoo

tony_ruder

Hi Stoo first thing i will say is that the whole process of subsidence claim is lengthy, so don't expect things to move as you think they will, especially this year because there will have been a significant increase in claims with the dry weather in the summer Firstly at some point you will have to initiate the claim with your insurer who will carryout a survey to investigate the cracks this may involve placing datum plates where any cracks are appearing, as you say there are nearby trees, plus this year as been particularly dry leading to want is known as moisture deprivation. At some point trial holes may be drilled to extract soil samples to identify if there are roots fibres contained in the samples which help identify which species of tree might be responsible.
Some thing to be aware of is something called association of British insurers tree root agreement (search this online ) where by insurance companies agree not to claim against each other wherever the tree responsible might be located. (although i have heard that it might be possible if you have legal cover to claim via this, which basically means that your insurance company put you in touch with a independent solicitor who will investigate the possibility of claiming against the persons insurance on who's land a tree is located) the advantage of this is that the responsibility is shifted to a neighbours insurance and therefore your future premium should not increase. Hopefully the trees in question are not protected by a TPO which can be a mine field if they are.

Good Luck

System

You need to report the claim to your insurance company. They will deal with the issues of "fault" and will take the steps necessary to recover any costs from another party if this is appropriate.
Often in the case of subsidence claims it may not be appropriate to "fix" the problem at the present time but if you lodge a claim with the insurer then they will respond to any developments in this damage in the future even if you have moved insurance provider in the meantime. Get the claim logged.

Stoo1892

Thanks Tony / David.

No less daunting but at least i have a better idea of what is coming.

Cheers
Stoo

ciderboy2009

If you are in a flat then there would normally be a buildings insurance policy for the whole building - this is normally the freeholder's responsibility to maintain.
Bear in mind that, if there is subsidence, then it will affect the whole property so I would imagine that any excess would be split between you and the ground floor flat.
It might be worth reading your lease to find out who the responsibility lies with.

Stoo1892

Thanks Ciderboy. I'll be reading the lease again tonight, looking for any hint.

I'm certain that there's mention of me being responsible for the roof in a document somewhere. So i'd imagine that it'll be within there.

If it does lie with downstairs / split / freeholder. How do i even start to get it sorted? Do i contact my insurance to claim and they sort it?

Cheers

Stoo1892

Quick update.

Called the insurance company. Plenty of details. Sent photos.
They asked me to get details of the downstairs flat landlord to find our who is responsible for what. I did that. Called back and then they asked me to do the leg work for that. I did, their letting agent sent out a maintenance man who reckoned it was just 'movement'. Held back on any deed details.

Insurance company sent out a surveyor who sent videos, pictures and the rest of his report to their engineers.

Engineer got in touch yesterday to clarify a few things as well as say he thinks it's subsidence. Who's responsible for the staircase (that is damaged) as it's technically on the ground floor. But it comes down from my kitchen in the upstairs flat. They think it's caused by some giant (extremely giant) conifers to the side of the property.

He suggested they could be liable. Yet to receive the basic report he promised via email.
I now have details of those two properties, but both tenants are convinced the trees aren't theirs. Not that they would know.
They have put up fences in the last two years to seemingly 'push' the trees on to my property. But the boundary looks quite evident from surrounding fences etc.

So all three properties are instantly going to deny responsibility. Which is only natural.

I'm very concerned how i'm having to chase some of this up. I'm expecting the insurance company to then get in touch with me to suggest i chase these two other properties regarding the trees.

Any help or reassurance is welcome!!!

Stoo