compensation for inconvenience and distress

Liver7

There was a water leak to flat caused from two flats above - my flat in November and adjacent flat in Sept. We have agreed to pay for water damage.  Owner of damaged flat wants contents damage compensation initially £50 each but then says he is righting off any damage caused by adjacent flat.
Owner of damaged flat wants compensation from me for inconvenience and distress - but not from adjacent flat.  I have offered £100 as a goodwill offer which he has declined.  Says for me to instruct a solicitor or he will go to court.  
He has remained in his flat - all utilities functional.  Do I need to get a solicitor or wait to go to court as he will then have to give evidence from doctors for distress and show how he has been inconvenience.  Contractor says he can remain in his flat whilst painting is under way.

user1977

Are you liable for damage at all i.e. was the leak caused by your negligence? I can't see he's got any hope for inconvenience/distress, just actual expenses and physical damage caused, if anything.

Liver7

I agreed to pay £50 for contents damage.  My tenant caused the leak.  Was informed the washing machine was fully broken but decided to use that night. Washing machine started smoking so she called Fire Brigade who cut pipes - hence water damage to flat below.  Her mother states it was my fault as I have caused her stress due to her age and inexperience etc. although tenant agreed to pay insurance excess until she heard how high it was - then passed to mother.  

sheramber

is your insurance not dealing with it?

lisyloo

Do you have any evidence you informed her of damage e.g. in email?
Im not a lawyer but I’m questioning if you are liable.

eddddy

Based on what you've posted - it doesn't seem like you did anything negligent, so you're not liable for any damage (or distress or inconvenience).

• If your tenant knew the washing machine was faulty, but still used it - perhaps there's an argument that they were negligent.

• Or maybe even that the fire service were negligent - if they cut the water pipes unnecessarily, and caused the leak. (But they will argue that it was necessary to cut the pipes to control the fire, and a court is very likely to agree.)

• The only way you might possibly be negligent is if you knew the washing machine was faulty and shouldn't be used (and the leak was a foreseeable result) - but you didn't tell the tenant

You can make a voluntary 'goodwill' payment if you want, without admitting liability - just for an easy life. Or wait to see if the neighbour actually starts court action (I doubt they will).

Liver7

I do have evidence the flatmate informed the tenant as she sent copies of messages between them.  I sent email that evening giving my apologies and new washing machine being delivered two days time.  I did try goodwill of £100 but he said not enough. Have asked amount he is claiming from other owner of flat that did water damage to his ceiling and walls of his living room so we could discuss further but he says not relevant. 
Have Landlords Insurance re: tenant and am pushing them on this.  
Think owner of water damaged flat is biased/discriminatory as I am a woman.  He has written off any damage content from the other flat that caused water damage and does not seem to be claiming compensation for inconvenience and distress.

Liver7

£100 goodwill and £50 for content damage which I have agreed to pay.
Both the owner of adjoining flat and myself that caused water damage are paying for painting and decorating for flat below as the amount is less than the insurance excess of £2000 i.e. £1000 each claim.

lisyloo

I think it was a mistake to offer and a mistake to talk to the tenants mother,
For the former it’s a case of give an inch and they take a mile.
the later - the agreement is with the tenant. They are grown up enough to enter into it, so it’s nothing to do with mummy.

SavingPennies_2

Liver7 said:

I do have evidence the flatmate informed the tenant as she sent copies of messages between them.  I sent email that evening giving my apologies and new washing machine being delivered two days time.  I did try goodwill of £100 but he said not enough. Have asked amount he is claiming from other owner of flat that did water damage to his ceiling and walls of his living room so we could discuss further but he says not relevant. 
Have Landlords Insurance re: tenant and am pushing them on this.  
Think owner of water damaged flat is biased/discriminatory as I am a woman.  He has written off any damage content from the other flat that caused water damage and does not seem to be claiming compensation for inconvenience and distress.

Then probably zero otherwise they'd be using that as leverage. I can understand their frustration as it wasn't their fault but could they not claim on their own insurance?

Shaztastic3000

Tell them all to stop bothering you, pay nothing. This ain’t your problem.