Water damage from upstairs flat - who pays insurance excess?

Elelyn

Hi,


I wonder if anyone can help or advise on this situation.


My mother owns a leasehold flat. There has been an incident whereby a water leak from the flat upstairs has caused substantial damage to my mother's flat (no damage to the upstairs flat). She has opened a claim with the insurance company to get the damage put right. The problem is that the excess on the buildings insurance is £500.00 She has been told by the property management that as she is making the claim, she is responsible for paying this excess. Seems harsh as the leak was actually from upstairs. The insurance policy covers all of the flats in the block and is in the name of the management company who are responsible for the freehold.


Has anyone been in a similar situation or can advise whether my mother should have to pay the full excess cost herself?


Thank you in advance.

Quentin

She claimed so she pays the excess

If she can prove negligence by upstairs then she can pursue them for the excess she has paid as well as any other uninsured losses

Elelyn

Ah, okay. There was no negligence from the other flat. The problem was to do with a leaky toilet that they had no way of knowing about (it took 3 plumbers looking at both flats to finally find where the water was coming from!). It seems unfair that she has to pay out so much but I guess that's life.

lisyloo

There are always excesses on insurance.
One of the downsides of owning a leasehold flat is that the property management company are in charge of the insurance.
Freehold house owners would be responsible for their own insurance, so it’s one of the downsides of a flat unfortunately.

Chickenlips

You. If your neighbour or another third party can be held responsible for the loss, your excess may be recovered if the recovery is successful.

The policy likely says the excess is the "first x amount you must pay of any claim".

Appreciate it isn't what you want to hear, but if roles were reversed you wouldn't want to pay. Especially if they had a high excess!

Good luck.

Chickenlips

If the policy notes in the interest of leaseholders, the insurers cannot recover against themselves for another leaseholders problem. Youd have to go down the legal route. Missed this off my other message!

Elelyn

Thanks for the replies