I had a leak below in a share of freehold flat with block buildings insurance and content insurance

OpolE

Share of freehold. We have buildings insurance and the agreement is that all freeholders must have contents insurance.

I own my property at the top and the person below is a renter.

Their landlord is asking me to cover the cost of the renters electric for the dehumidifier and washing everything that got damp in the cupboard below. I don't believe in this situation I am legally obliged. They should claim on their contents insurance and/or block building insurance.

The below I can see from a website. Should this be enough to state my position.

“The damage to a flat will usually be covered by either the Block Building Insurance or the Leaseholders own contents insurance. Both insurers should be alerted to the problem and they may offer further advice.”

AGREED?

I am currently asking the Director of the blocks what to do as my management company have given me multiple 3rd party people and I don't want to go full steam ahead. but not had a reply yet from the Director.

I got it fixed the day I was alerted to it and got ripped off by a plumber.

£805 for 9-11pm Wednesday callout. 2 hours work and parts £85 (Which my actual plumber friend showed me cost only £9)

On another note do I contest the plumbers or can the buildings insurance contest the prices?

I don’t want to claim for anything apart from the £805. I have no damage and I will repair up bits for upkeep with myself.

Bendy_House

Were you 'negligent' in the cause of the leak? Were you reckless? Were you aware of a leak issue but did nothing about it? Did you bodge a DIY job that was waaay beyond your abilities? Did you get Fred, your best mate, in to bodge it for you?

Or was it just an unanticipated, unforeseen accident?

If the latter, remind the landlord, as firmly as you need to, what their insurance is for. And how to whistle.

Bendy_House

And if you don't have LegProt on your content's insurance - presuming you can add it to just that - then I'd recommend adding it on renewal. If anything like this 'escalates' stoopidly, then you'll be glad of it.

OpolE

Bendy_House said:

Were you 'negligent' in the cause of the leak? Were you reckless? Were you aware of a leak issue but did nothing about it? Did you bodge a DIY job that was waaay beyond your abilities? Did you get Fred, your best mate, in to bodge it for you?

Or was it just an unanticipated, unforeseen accident?

If the latter, remind the landlord, as firmly as you need to, what their insurance is for. And how to whistle.

It was a leak in the cistern area. Pipes that are sealed in by tiles. The plumber said just natural decay of pipes. 

Bendy_House

OpolE said:

Bendy_House said:

Were you 'negligent' in the cause of the leak? Were you reckless? Were you aware of a leak issue but did nothing about it? Did you bodge a DIY job that was waaay beyond your abilities? Did you get Fred, your best mate, in to bodge it for you?

Or was it just an unanticipated, unforeseen accident?

If the latter, remind the landlord, as firmly as you need to, what their insurance is for. And how to whistle.

It was a leak in the cistern area. Pipes that are sealed in by tiles. The plumber said just natural decay of pipes. 

Cool. In that case, tell the LL, "You purse your lips together to make a small rough 'O' shape, and blow hard..." :-o

eddddy

OpolE said:

Their landlord is asking me to cover the cost of the renters electric for the dehumidifier and washing everything that got damp in the cupboard below. I don't believe in this situation I am legally obliged. They should claim on their contents insurance and/or block building insurance.

As above, you are not liable for any damage to the flat below unless you were negligent. Based on what you say it doesn't sound like you were negligent.

As you say, the owners of the flat below can claim on their contents insurance and/or block building insurance - or just cover the costs themselves.

The excess for 'escape of water' claims on block insurance policies is often very high - maybe £1000+ - so they might decide it's not economic to claim on that.

OpolE said:

I don’t want to claim for anything apart from the £805. I have no damage and I will repair up bits for upkeep with myself.

Are you wanting to claim the £805 from the block building insurance?  If so, you'll need to check the policy to see if it has 'Trace and Access cover' - and what you should do when you find a leak (e.g. contact the insurer, before arranging repairs).

'Trace and Access cover' might cover the cost of cutting into the wall and making good afterwards - but it won't cover the cost of the plumbing repairs.

And the insurer might not pay anyway, because you didn't contact them first. (e.g. They might say you should have turned off the water at the main stop-tap and contacted them the next morning.)

Also, you say you paid a 'rip off' price - it's very unlikely an insurer would cover that. And there will be an excess.

OpolE

eddddy said:

OpolE said:

Their landlord is asking me to cover the cost of the renters electric for the dehumidifier and washing everything that got damp in the cupboard below. I don't believe in this situation I am legally obliged. They should claim on their contents insurance and/or block building insurance.

As above, you are not liable for any damage to the flat below unless you were negligent. Based on what you say it doesn't sound like you were negligent.

As you say, the owners of the flat below can claim on their contents insurance and/or block building insurance - or just cover the costs themselves.

The excess for 'escape of water' claims on block insurance policies is often very high - maybe £1000+ - so they might decide it's not economic to claim on that.

OpolE said:

I don’t want to claim for anything apart from the £805. I have no damage and I will repair up bits for upkeep with myself.

Are you wanting to claim the £805 from the block building insurance?  If so, you'll need to check the policy to see if it has 'Trace and Access cover' - and what you should do when you find a leak (e.g. contact the insurer, before arranging repairs).

'Trace and Access cover' might cover the cost of cutting into the wall and making good afterwards - but it won't cover the cost of the plumbing repairs.

And the insurer might not pay anyway, because you didn't contact them first. (e.g. They might say you should have turned off the water at the main stop-tap and contacted them the next morning.)

Also, you say you paid a 'rip off' price - it's very unlikely an insurer would cover that. And there will be an excess.

Excess is £500.