Leak damage just before Covid-19.

Famo

Around a year ago my neighbour above had work done to her boiler. That night the pressure relief valve leaked and caused damage part of the communal hallway and my living room.
She immediately suggested that I seek insurance quotes. With Corona things went astray.
I have sought tradesmen when doing work to my property that have insurance. Am I right to believe that it's down to her and her workman to go through their insurance if they have it to remedy the situation. The other owners are becoming fed up due to the damage to the hallway.

Jeremy535897

If work she commissioned caused damage to your property, she should rectify it.

nyermen

Sorry I dont think its as easy as that.  As I understand it, damage to the communal area would be covered by the communal insurance.  Damage to your property (assuming you insure separately) I believe she isn't liable for, as unfair as that sounds, UNLESS they've been negligent. If this is a first time, negligence would be very hard to prove.  Second, third, fourth time could be different case.
Someone can correct me if i'm wrong.

GDB2222

@nyermen You are right, in principle. But, this was a new installation that leaked immediately, and that strongly suggests the installation was faulty. 

The pressure relief valve may open, but the water should go outside, not flood the neighbours. 

So, I would suggest that the installers were negligent and their insurance should pay. Failing that, the person who employed them is responsible. In practice, unless the damage is pretty trivial, they should involve their insurance company.

macman

This should be for the freeholder or management co. to deal with under their buildings insurance. The insurers may decide to counterclaim from the leaseholder/tenant, but that's not your concern. You have no authority or responsibility to commission repairs to the communal area.
This has no relevance to Covid-19.

mattyprice4004

The company did work that was faulty - they are liable.

You'll have to sue your neighbour though, as the contract is between them and the company who did the work.

I don't see how they can be deemed not liable for damage to another flat - something in their care caused damage to another person's property, so they need to sort it out.

Fire_Fox

With respect, a year ago is not "just before COVID-19". Life changed eight months ago, and there has been relief since.

Have you formally reported/ complained to your neighbour about any damage to your property? Why are the other owners holding you responsible, rather than your neighbour or the freeholder?

The tradesperson is liable for any damage caused by their poor workmanship or their errors, regardless if to a private flat or to the common parts. Your neighbour is liable for any damage caused by poor maintenance within their property that impacts your property. The buildings insurance covers the structure for 'Acts of God', terrorism, accidental damage etc.

HOWEVER a year on, the initial contacts/ complaints are highly relevant.