Flood from upstairs flat. Who should claim?

Willandjacksmum

Hi there, I'm looking for some advice. The flat above my brother's has 3 leaks (from the bath waste pipe) and he arrived home last night to find his bedroom ceiling had split open and water everywhere. He owns his flat but upstairs is rented. The landlords haven't been much use so, as it's my brother's flat that is ruined, he has been the one contacting the insurance companies. He's been advised that he will be liable for £350 excess bill for the contents insurance and £500 excess bill for the buildings insurance (because there's not enough evidence of negligence on the landlords part). Can anyone advise if this is correct? Doesn't sound fair to me!

Quentin

Yes it's correct.

To get a third party to pay you have to prove negligence

Your brother will have agreed to the excesses to be paid when making claims when taking out the policy

[Deleted User]

Have they actually had a look at it to see if there was negligence?

Willandjacksmum

No, it's just what the insurance company said from the info they were given. A builder has been round today and he thinks there could be a claim there but to be honest, we don't know what to look for or how to see /prove there was any negligence on the landlord's part. Any ideas?

eddddy

Willandjacksmum wrote: »

No, it's just what the insurance company said from the info they were given. A builder has been round today and he thinks there could be a claim there but to be honest, we don't know what to look for or how to see /prove there was any negligence on the landlord's part. Any ideas?

For a ceiling to split and water to be everywhere, there must have been a major leak. It's unusual for a waste pipe to suddenly fail that badly.

Examples of negligence might include:

• Somebody left the taps running, and the plug in, so the bath overflowed.

• You brother reported leaks to the people upstairs (perhaps some time ago), but they did nothing, the leaks got worse, until finally the ceiling split.

• Somebody did a bad botch job on the waste pipe, and predictably, the waste pipe failed

But if the waste pipe leaked unexpectedly, without warning, there's unlikely to be any negligence.

Willandjacksmum

Thanks eddddy, I think they reported a stain on the ceiling and the landlords did get a plumber in to check but he told them it was their washing machine leaking so they got a new one. So it's not as though they did nothing... Just not the right thing! I guess that can't really be said to be their fault then?

Willandjacksmum

Just to explain: it was after this that the main leak happened (where the pipe pumping out hot water split) which they fixed yesterday but then they discovered ANOTHER leak today, which was coming from the exit pipe of the bath. So 3 leaks.