Water damage to flat below...who pays for damage?

gscott34

There has been a leak apparently under my floor which now the downstairs flat bedroom ceiling has come through. They have said i'm at fault and need to claim my insurance to fix this (I don't have cover for this). But is this right? should this be me who has to pay for her ceiling? is that not why she has insurance? Unsure if it makes a difference but the letting agency for the flat, I think it has been empty for a while now.

Sandtree

If it's a flat then the freeholder or factoring company will be buying the buildings insurance that will cover it.

Your contents insurance includes liability cover for you as the occupier of the property. However for them to make a claim against you then they'd have to prove your negligence... namely you knew there was a problem but didn't bother doing anything

gscott34

Sandtree said:

If it's a flat then the freeholder or factoring company will be buying the buildings insurance that will cover it.

Your contents insurance includes liability cover for you as the occupier of the property. However for them to make a claim against you then they'd have to prove your negligence... namely you knew there was a problem but didn't bother doing anything

There isn't a factor for the flats I believe each flat is 'freehold' in the building (I know mine is as its not a leasehold on my deeds)

But that makes sense, I had no idea about the leak to be able to stop/fix it. But the letting agency is adamant its my fault/I have liability

Sandtree

Are you in Scotland or elsewhere? Who maintains the communal areas etc?

Lots of people have views on things that they know little about... there is no training on the tort of negligence to become an estate agent. 

NSG666

Presumably they have told you how they know the leaking pipe is yours and what repair it needed?

nofoollikeold

1. If it is a leak which has happened in the course of time, you were unaware of it, had not been advised beforehand of the problem, and had maintained your own plumbing system in accordance with normal practice, then it is likely to be treated as an "Act of God" and would be for the downstairs flat to claim on their insurance.
2. If it was the result of poor maintenance, work which you had recently done or had done, or you had been advised beforehand of a leak and ignored it, then it will probably be seen as your responsibility.  Either you pay, your insurance (if any) pays, or the freeholder's buildings cover pays.  Note that last may be an issue as they would probably try and reclaim any excess from you, and the excess is often £1,000 or more.

gscott34

Sandtree said:

Are you in Scotland or elsewhere? Who maintains the communal areas etc?

Lots of people have views on things that they know little about... there is no training on the tort of negligence to become an estate agent. 

Yes in Scotland. The owners are responsible to maintain communal areas + things like the roof repairs, 1/6 share each

gscott34

NSG666 said:

Presumably they have told you how they know the leaking pipe is yours and what repair it needed?

they told me the pipe was under my floor, I think they went with the assumption it must be mine because of where it is. Plumber needed access to it through my floor

Brie

I would have assumed it was a 1/6 share each for this too.  

If a pipe needs to be fixed it's not just to benefit your flat but all the others as well.  The same as the roof is needed by the flats on the top floor but if it wasn't there it would cause problems for the lower flats as well.

Sandtree

gscott34 said:

Sandtree said:

Are you in Scotland or elsewhere? Who maintains the communal areas etc?

Lots of people have views on things that they know little about... there is no training on the tort of negligence to become an estate agent. 

Yes in Scotland. The owners are responsible to maintain communal areas + things like the roof repairs, 1/6 share each

I'm less clear how shared freehold works in Scotland other than to know it's different. Is there nothing in the agreement that talks about the requirement to share costs on roof etc about the need to buy a communal buildings policy? Would frustrate the insurance if the upper floors are on individual policies but ground floor is uninsured if the building suffers catastrophic damage that the ground floor cannot afford to pay... Can't build the upper floors if the lower floor doesn't exist 

TELLIT01

Not directly relevant to the OP's question, but they state they don't have insurance cover for this type of event.  What would they do if a pipe burst above their ceiling if that is the case?