Water leaked into downstairs flat - who is liable to pay?

RonSwanson

2 months ago our neighbour told us our bathroom was leaking into her flat. We found a loose pipe under our bath and fixed. We didn’t hear from her again so we assumed it hadn’t caused any damage. Today, an electrician knocked on my door, told me the ceiling and a damaged light need repairing in the flat below. Am I liable to pay for repairs? I want to keep things amicable with my downstairs neighbour but just think it’s strange that I’m only just being Informed about it.

I own my flat (and own a share of the leasehold) and the flat below us is rented. I have contents insurance and also pay a monthly service charge which I believe includes buildings insurance.

Just want to make sure I’m well informed and need to know who to contact or what step to take next.

GDB2222

Your insurance should provide liability insurance. I’d put this in their hands to sort out. 

Having said that, it’s not your responsibility to pay for the damage, unless you were reckless about the faulty pipe. If it was just an accident, you are not liable, and the downstairs neighbour should claim on their insurance.

of course, for the sake of good relations, you may want to pay up.

hopperdennis

I always wonder how liability and insurance work. I have a neighbour below whom has not looked after their property or contributed (nor do they wish to) to urgent shard repairs on the party walls and chimneys. There is dampness coming from their property below, alongside above now which is both our responsibility to fix. I’m going through the process of trying to get said neighbour re. urgent repairs, but I wondered if reaching out to their insurer, somehow, if that was a route I could take?

Jeepers_Creepers

RonSwanson said:

2 months ago our neighbour told us our bathroom was leaking into her flat. We found a loose pipe under our bath and fixed. We didn’t hear from her again so we assumed it hadn’t caused any damage. Today, an electrician knocked on my door, told me the ceiling and a damaged light need repairing in the flat below. Am I liable to pay for repairs? I want to keep things amicable with my downstairs neighbour but just think it’s strange that I’m only just being Informed about it.

I own my flat (and own a share of the leasehold) and the flat below us is rented. I have contents insurance and also pay a monthly service charge which I believe includes buildings insurance.

Just want to make sure I’m well informed and need to know who to contact or what step to take next.

As GDB says, and this is how I understand it too, the buildings insurance - to which you all contribute - should cover this as it's damage to the fabric of the building - ceiling and electrical.

If the water had damaged some of their 'contents' as well, then the proper way to resolve that would be for them to claim off their contents insurance. In essence, you did nothing wrong, you were not negligent, so you are not liable. 

Provided the damage was solely 'buildings', then that's the end of the tale as far as I can see.

How much is involved?

If the flat owner were to also claim 'contents', then - provided it was a legit claim - this would be through their own insurance, but you may wish to offer to - say - cover any 'excess' on their personal claim so they are no worse off. If their insource company then wished to claim the sum off your insurance, then that's for them to sort out! (I don't know if they do this?)

RonSwanson

Jeepers_Creepers said:

How much is involved?

Thanks for the help. I'd imagine less than £100.

GDB2222

For < £100, I personally would just pay.

RonSwanson

If that's the route with the least amount of headache, I'm leaning towards just paying as well. Should I inform the management company of my stance now or wait until I find out the repair cost? And am I right in thinking that if it is claimed on buildings insurance, I'll end up paying more next year anyway because the premiums will increase?

stragglebod

Very much doubt that the freeholder is responsible for your plumbing past the stop tap, or the neighbour's light fittings, electrical wiring past the consumer unit, or ceiling decoration.

nofoollikeold

1. The freeholder (usually a management company where share of freehold is involved) is normally responsible for buildings insurance.  Part of everyone's service charge goes towards paying this.
2. That insurance will normally cover damage to buildings such as that occasioned by water leaks.
3. However, there is normally a hefty excess, could easily be £500 or even more.
4. So, if the freeholder claims on the buildings insurance, the claim will probably be less than the excess, so the insurers won't pay.
5. Effectively, the cost then lies to the freeholder, who is not liable for it.  They will seek to recoup the cost if they do pay for it from the property which "caused" the damage, or even from the property in which the damage has been caused.  
6. Its all a mess, so as many have suggested above, easier to settle the bill directly.

Jeepers_Creepers

RonSwanson said:

If that's the route with the least amount of headache, I'm leaning towards just paying as well. Should I inform the management company of my stance now or wait until I find out the repair cost? And am I right in thinking that if it is claimed on buildings insurance, I'll end up paying more next year anyway because the premiums will increase?

I doubt insurance premiums would increase, and if they did it would be split evenly between all the flats (how many are there?)

If you can have a ceiling repaired and electrics sorted for around £100, then can you pass the names of these tradespeeps to me, please...

I suspect it'll be more.

Do you have a copy of the buildings insurance you contribute to - just to confirm it's as we've said. (Or, do you have Legal Protection on your contents policy? If so, call them up for guidance.)

What I would do in your position - once confirmed - is to let the neighb know what the correct procedure is in such circumstances. Explain by all means that you'll consider taking the hit provided the amount is very reasonable if this makes life simpler for everyone, but make it clear there is no onus on you to do so and is not the correct procedure. This might come as a surprise to the neighb, but that ain't your fault! If they argue, then politely ask them to check the policy and seek further advice before going further - make it clear that you are doing the right thing, and the same would apply if such an unanticipated fault caused damage to your flat. It is just the way insurance works in these circumstances. Are they seriously suggesting that you pay out for something for which you are not responsible, and have no moral or legal liability for? 

(An exact similar situation occurred with my bro in his flat - a pipe under his floor suffered a pinhole leak (it was clearly damaged on installation, many decades before...) - and this brought down a section of ceiling in the flat below (it was a very slow leak and had softened the lath&p over some time)! Total cost of sorting this for my bro? The cost of a new section of pipe. Total cost to flat below? None - the landlord sorted it. Any issues or friction betwixt the two flats? Not in the least.)

Jeepers_Creepers

A thought. If the neighb got a sparky out and this sparky is now knocking on your door, it would appear the neighb hasn't contacted the LL as they should have. So the neighb has probably landed himself with a bill which he now expects you to pay!

(And what on earth is the sparky doing getting in touch with you? That ain't his job! Jeepers.)