Response to Letter before Action

Alderbank

Aylesbury_Duck said:

To be clear, each of the four flats has their own insurance, it just happens to be the same company that provides it to each of you?  Or do you somehow have a collective policy you all share?

Assuming it's the first of those, I'd speak to your insurer as the policyholder for your insurance, and get them to deal with it.  It's what I'd do if my semi-detached neighbour's insurer sent me such a letter.  

That's a good question. Flats always (almost) have both.
The buildings policy covers the structure of the whole block. It is usually set up and paid for by the freeholder who pays for it out of the service charge for each flat. When there is a flood or the roof leaks that is the policy that repairs the fabric of the building.
Separately, and in addition, each leaseholder has their own contents insurance. If there is a flood the collective buildings policy pays for repair of the fabric of the building but not to replace anyone's carpets, furniture and other goods which were damaged. Your contents policy pays you for those but they can seek to recover those costs if they think there was any negligence.

The freeholder could have chosen the buildings insurance from Aviva, say, and your contents cover could also be from Aviva. But they are quite separate.
If you have received a LBA from the freeholder's insurer or your neighbour's contents insurer I would simply pass it on to your contents insurer. In fact I suspect that their rules will say that you must do that immediately, and not make any reply to the claimant, in case you inadvertently make things worse.

Confession might be good for the soul, but not necessarily for insurance.

unbeareableLightness

Hi everyone, thank you for all the useful replies!

To clarify, the insurer covers buildings insurance for both me and my neighbour - it;s for the whole block and all the flats within it. I don't have separate contents insurance and in this case I don't think contents insurance would cover it as it's about the bathroom fixtures leaking, which I wouldn't consider to be contents. Unfortunately I have no one to pass this claim onto and will have to deal with it myself. 

So I'm inclined to draft a short letter myself acknowledging receipt of their letter, asking for their evidence and saying I intend to contest it and that I admit no liability (without providing the evidence on my side). Does that seem right?

Or do I need to come up with all the evidence on my side at this stage under the Pre-Action Protocol? 

Aylesbury_Duck

It sounds about right, yes.  From what you've described they don't have any evidence of negligence on your part.  You can't provide any evidence to show you weren't negligent, but that's their problem.

TSx

Contents insurance covers your liability as occupier of the property (it's a confusing distinction with the buildings liability cover which covers your liability as owner of the property), so if you want their support you should not respond and pass to them to deal with on your behalf.

edited to add: misread - the above won't apply if you don't have contents insurance, but will keep in thread in case useful for anyone else.

Ectophile

Aylesbury_Duck said:

It sounds about right, yes.  From what you've described they don't have any evidence of negligence on your part.  You can't provide any evidence to show you weren't negligent, but that's their problem.

A report from the plumber saying how much they had to dismantle to find the leak would be evidence.

But the OP is under no obligation to provide such evidence at this stage.  They would only need to provide evidence when the court asked them to set out their defence.