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Advice please Insurance claim letter sent to tenant?

blackstar
Posts: 556 Forumite


Hello All,
Hoping for some advice please.
I am a tenant and over 1 year ago my neighbour below claimed water had come from his bathroom ceiling. A family member was having a bath at time but noticed no flooding, maybe water had gone over bath and down through a corner of the bath where there was a gap for pipes, only thing I can think of, if it did indeed happen.
The homeowner below informed their insurance company and had a whole new ceiling and walls put repaired/replaced. Apparently walls were moist also. When workmen were doing work they noticed a huge hole under middle of bath and said "this where where the water was escaping from". Apparently, this hole was about 1 1/2 feet in diameter and probably left like this from years ago when whoever was doing work there left it like this in order to get to pipes and never sealed it up.
So anyhow landlord was informed ofcourse and had hole sealed up, never had any issues after this.
Now, myself as the tenant got a letter today from the homeowners (neighbour below) insurance company today which stated: (letter was in our name, not landlords name)
(We had passed this onto to landlord already)
Please can I get advice on what to do? What if landlord does not respond and neither do I within the 21 days? I am very stressed..
I have no idea about home insurance? Can anyone tell me what the potential outcomes of this are? Ie landlord ignores letter and homeowners insurance company just pay up and homeowner pay the excess or insurance company take landlord to court to try and get money back? landlord gives his insurance company the information and the two insurance companys come to a agreement? could landlords company or neighbours insurance company come after us, the tenants for some of the money? if so, and we do not have it, could they take us to court?
Do this mean from the letter below that the neighbours insurance company have already paid for this work to be done? I am confused about this? I honestly think they have been ripped off and paid too much for this repair, plus the moisture could in the walls could have been from high moisture in their bathroom. Not sure how they could prove every part of the work the had done was in a direct result of that particular time?
Letter of Claim
We are instructed by the xxx on behalf of their client, to peruse a claim against you to recover our clients losses arising from the accident on xxx date We set out the facts below which give rise to your legal liability.
FACTS: ON XXX YOUR FAMILY MEMBERS WEERE USING THE BATH IN YOUR PROPERTY
WATER CAME POURING THROUGH THE CEILING INTO OUR INSUREDS PROPERTY CAUSING SIGNIGICANT DAMAGE TO OUR INSURCED CEILINGS FOR WHICH YOU ARE LIABLE.
IT LATER TRANSPIRED THERE WAS A LARGE HOLE IN THE FLLOR AT THE MIDDLE OF YOUR BATH AND THIS IS WHERE THE WATER WAS ESCPAING FROM
LIABILITY:
YOU FAILED TO ENSURE THAT YOUR PROPERTY WAS MAINRAINED TO A STANDARD TO PREVENT AN ESPCAPE OF WATER
YOU FAILED TO MITIGATE THE DAMAGE CAUSED BY THE ESCPATE OF WATER TO A NEIGHBOURING PROPERTY
YOU FAILED IN YOUR DUTY OF CARE TO THE OCCUPANT OF THE NEIGHBOURING PROPERTY
LOSS:
OUR CLIENTS' LOSSES ARISING FROM THIS INCIDENT ARE YET TO BE FINALISED BUT WE ARE CURRE TLY HOLDING A RESERVE OF £2,400
THIS MAY NOT REPRESENT THE FINAL VALUE OF THE CLAIM BUT IS INTENDED AS AN INDICATION. DOCUMENTS IN SUPPORT OF THE LOSS WILL FOLLOW ONCE THE CLAIM IS CONCLUDED.
DEMANDS:
PLEASE SUPPLY US WITH YOUR ADMISSION OF LIABILITY FOR OUR CLIENTS' LOSSES WITHIN TWENTY-ONE DAYS OF RECEIPT OF THIS LETTER. ALTERNATIVLY, YOU MAY WISH TO PASS THIS MATTER ONTO YOUR INSURERS TO DEAL WITH THIS MATTER ON YOUR BEHALF.
WE WAIT TO HEAR FROM YOU
PARALEGAL
TECHNICAL AND PROFESSIONAL SERVICES DEPARTMENT
Hoping for some advice please.
I am a tenant and over 1 year ago my neighbour below claimed water had come from his bathroom ceiling. A family member was having a bath at time but noticed no flooding, maybe water had gone over bath and down through a corner of the bath where there was a gap for pipes, only thing I can think of, if it did indeed happen.
The homeowner below informed their insurance company and had a whole new ceiling and walls put repaired/replaced. Apparently walls were moist also. When workmen were doing work they noticed a huge hole under middle of bath and said "this where where the water was escaping from". Apparently, this hole was about 1 1/2 feet in diameter and probably left like this from years ago when whoever was doing work there left it like this in order to get to pipes and never sealed it up.
So anyhow landlord was informed ofcourse and had hole sealed up, never had any issues after this.
Now, myself as the tenant got a letter today from the homeowners (neighbour below) insurance company today which stated: (letter was in our name, not landlords name)
(We had passed this onto to landlord already)
Please can I get advice on what to do? What if landlord does not respond and neither do I within the 21 days? I am very stressed..
I have no idea about home insurance? Can anyone tell me what the potential outcomes of this are? Ie landlord ignores letter and homeowners insurance company just pay up and homeowner pay the excess or insurance company take landlord to court to try and get money back? landlord gives his insurance company the information and the two insurance companys come to a agreement? could landlords company or neighbours insurance company come after us, the tenants for some of the money? if so, and we do not have it, could they take us to court?
Do this mean from the letter below that the neighbours insurance company have already paid for this work to be done? I am confused about this? I honestly think they have been ripped off and paid too much for this repair, plus the moisture could in the walls could have been from high moisture in their bathroom. Not sure how they could prove every part of the work the had done was in a direct result of that particular time?
Letter of Claim
We are instructed by the xxx on behalf of their client, to peruse a claim against you to recover our clients losses arising from the accident on xxx date We set out the facts below which give rise to your legal liability.
FACTS: ON XXX YOUR FAMILY MEMBERS WEERE USING THE BATH IN YOUR PROPERTY
WATER CAME POURING THROUGH THE CEILING INTO OUR INSUREDS PROPERTY CAUSING SIGNIGICANT DAMAGE TO OUR INSURCED CEILINGS FOR WHICH YOU ARE LIABLE.
IT LATER TRANSPIRED THERE WAS A LARGE HOLE IN THE FLLOR AT THE MIDDLE OF YOUR BATH AND THIS IS WHERE THE WATER WAS ESCPAING FROM
LIABILITY:
YOU FAILED TO ENSURE THAT YOUR PROPERTY WAS MAINRAINED TO A STANDARD TO PREVENT AN ESPCAPE OF WATER
YOU FAILED TO MITIGATE THE DAMAGE CAUSED BY THE ESCPATE OF WATER TO A NEIGHBOURING PROPERTY
YOU FAILED IN YOUR DUTY OF CARE TO THE OCCUPANT OF THE NEIGHBOURING PROPERTY
LOSS:
OUR CLIENTS' LOSSES ARISING FROM THIS INCIDENT ARE YET TO BE FINALISED BUT WE ARE CURRE TLY HOLDING A RESERVE OF £2,400
THIS MAY NOT REPRESENT THE FINAL VALUE OF THE CLAIM BUT IS INTENDED AS AN INDICATION. DOCUMENTS IN SUPPORT OF THE LOSS WILL FOLLOW ONCE THE CLAIM IS CONCLUDED.
DEMANDS:
PLEASE SUPPLY US WITH YOUR ADMISSION OF LIABILITY FOR OUR CLIENTS' LOSSES WITHIN TWENTY-ONE DAYS OF RECEIPT OF THIS LETTER. ALTERNATIVLY, YOU MAY WISH TO PASS THIS MATTER ONTO YOUR INSURERS TO DEAL WITH THIS MATTER ON YOUR BEHALF.
WE WAIT TO HEAR FROM YOU
PARALEGAL
TECHNICAL AND PROFESSIONAL SERVICES DEPARTMENT
0
Comments
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Not your floor not your problem.DIP 09/02/21
Offer on property 17/02/21
Offer accepted 18/02/21
Mortgage application submitted 22/02/21
Desktop valuation 22/02/21
Mortgage offer received 22/02/21
Solicitor instructed 23/02/21
Draft contract received and enquiries sent 02/03/21
searches back 08/03/21
Enquiries back 10/06/21
Exchanged 23/06/211 -
Give it to your landlord, it doesn't look very professional or convincing to me, but not your problem either way.1
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hippocrates1 said:Not your floor not your problem.0
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OP
Even the letter you have received is blighted with spelling mistakes, etc.
Bottom line is that the LL is responsible. However, if you have noted the problem and had not reported it in a timely fashion then you could become laible but you have said you was not aware. The thing with water leaking, diffult to know at times until you can see the dmamage. The quaility of the letter, I may be wrong but it could be a sick joke carried out by a third party that either dislikes you or the people below or both.
All in all from what you said, not your problem - jsut keep on sending the letters to the LL and keep a record3 -
1
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Pass the letter onto your landlord. As mentioned, maintenance is primarily the landlord's responsibility. Do not accept liability.Optionally, reply to the letter informing them you are a tenant under a (insert tenancy type, probably Assured Shorthold Tenancy).1
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I wouldn't respond to it at all it is clearly a try on.0
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Thanks, not sure if I can write this but letter was from davies-group.com
We are a specialist professional services and technology firm, working in partnership with leading insurance, highly regulated and global businesses.
The spelling mistakes were just my typos, but all words were theirs.
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It's just a rent-a-threat letter, the sort of thing a dodgy debt collection agency would send out when they know they have no claim.There is no mention of what they intend to do if you are not daft enough to respond. Give it to your landlord. Not repeating myself on this thread again0
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GHolmesAdmin said:It's just a rent-a-threat letter, the sort of thing a dodgy debt collection agency would send out when they know they have no claim.There is no mention of what they intend to do if you are not daft enough to respond. Give it to your landlord. Not repeating myself on this thread again0
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