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How to 'oblige' a Building Management Group to make a buildings claim?



  • eddddy
    eddddy Posts: 16,389 Forumite
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    edited 27 January at 11:35AM

    In the OP's case, it's very clearly a valid claim.

    So now we've got the basics sorted - maybe we can start to focus on the OP's actual issue in their other post.

    That OP said that the management company are refusing to make an insurance claim on the OP's behalf. Two reasons for this might be.,.
    • 1) Because they are lazy and disinterested
    • 2) Because they are worried about the impact on future premiums - and/or increasing future excesses - and/or finding it harder to get insurance following claims 

    Obviously I don't know exactly what the management company said to the OP - but it's possible they are worried about point 2 above, and so are saying

    "Try to make a claim off the kitchen fitter first. If you succeed, we won't have to claim on the buildings insurance, which will be better for all the flat owners."

    (But delaying a claim too long might break the insurance policy rules.)

    Also, "escape of water" claims in blocks of flats tend to have very high excesses - maybe £500, £1000 or £2000. Somebody recently posted saying the their excess was increased to £5000, because there were multiple claims in their block.

    And it's often a grey area who has to pay the excess - the flat owner, or the freeholder from the service charge. Tribunal decisions on this have gone both ways. (So this might end up as a big fight for the OP).

    So again, it would be better to claim off the kitchen fitter, as there would be no excess to pay.

  • ThisIsWeird
    ThisIsWeird Posts: 4,816 Forumite
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    edited 28 January at 8:19AM
    I don't know the reason they are reluctant to act either, but folk faced with insurance claims do tend to be, for the reasons you give.
    I have to say that if I were in the OP's position, I wouldn't dream of tackling the kitchen fitter myself for this - unless I had LegProt willing to undertake it for me; there would be no cost if it failed, they would only do so if they had a good chance of success - above 50%,  and would take the burden of arrangement hassle too.
    The OP does have LP on their contents insurance, so hopefully they've called them up for guidance.

  • BobT36
    BobT36 Posts: 565 Forumite
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    I guess we were just going back and forth on "responsibility" as in "final responsibility". I'd say the Mgmt company has "responsibility" to do the admin tasks and initiate a claim though, if an "accident" to the "building" (not contents) has happened, surely? As only they have the power to do that (by request), not the leaseholder. 

    Of course I'm probably wrong as I've never had a leasehold but still, it's not contents and unless he wants to pay himself (option 1), and it's not an "open & shut" negligence case to claim from the plumber, surely the only remaining option is the sensible one of claiming on the buildings insurance, as that's the only thing that covers this, and that's what it's there for? (I understand "reluctance", but tough, again, that's what it's there for and surely he's paying for that as part of his fees?). Excess may be an issue but eh, worry about that when it comes to it. 

    So back to the OPs question then of, "how to make" the mgmt company do that. 
    I agree if the insurers then reject and the mgmt company has done everything they can to appeal / complain or whatever, it's then out of their hands, however surely they have some sort of "duty" to initiate at least in this case, since they're the only ones who can? Even if the end "result" does lie in the lap of the leaseholder. 
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