who do i claim from

daxx2009

update again 

Dear Mr Taylor

 

Thank you for your email.

 

I can advise the councils leaseholders insurance only covers damage to the leasehold premises and not any council owned/tenanted property. 

 

If a resident in a council property doesn’t have their own contents insurance in place to cover damage to their belongings and they feel the council has been negligent in causing the damage they can make a Public Liability claim against the council.  If you wish to pursue a claim we do need the claim form to be completed and returned to us as soon as possible to enable us to begin our investigations into the cause of the leak and establish if negligence exists on the councils part.

 

I hope the above clarifies the insurance position.

 

Yours sincerely

flo22

A damaged ceiling is not under contents insurance because it is part of the premises, what did they think you were claiming for?

Eldi_Dos

Whatever insurer is liable they are going to take a dim view of a leak of over seven days not being attended to.

daxx2009

so today the lady above me finaly got a plumber out to fix the leak issue, the council will come and repair damage on 26th feb, but wont redecorate after the damage at this point, i have no clue why they keep saying to claim from my insurer, i have pointed out and sent photo's of damage, to me it has nothing to do with my contents insurance

daxx2009

last night i had to call the emergency electrisian out, i got an electric shock switching  light off, they isolate it now and have no hallway lighting until 26th this month at ealist

ThisIsWeird

You haven't called up your Legal Protection for advice and guidance, have you? 
You haven't warned the council in writing of continued and increasing damage being caused by their lack of action, have you?

jonnydeppiwish!

Op, I’m a bit confused. You rent the flat that you live in. If the council is the landlord then they should insure the building, and therefore they are responsible for any repairs due to leaks from other properties.  Is there anything in your rental agreement saying you need to pay for buildings insurance?

As for @ThisIsWeird, please take what they say with a big pinch of salt. Whilst well meaning, they do tend to ramble along a load of tosh at times.

ThisIsWeird

jonnydeppiwish! said:

As for @ThisIsWeird, please take what they say with a big pinch of salt. Whilst well meaning, they do tend to ramble along a load of tosh at times.

Could you clarify what 'tosh' I've been rambling, please? Genuine Q - I do wish to understand who has responsibility in these sorts of FH/LH situation, as it's a pretty regular thread subject.

Ganga

jonnydeppiwish! said:

Op, I’m a bit confused. You rent the flat that you live in. If the council is the landlord then they should insure the building, and therefore they are responsible for any repairs due to leaks from other properties.  Is there anything in your rental agreement saying you need to pay for buildings insurance?

As for @ThisIsWeird, please take what they say with a big pinch of salt. Whilst well meaning, they do tend to ramble along a load of tosh at times.

Cannot agree with what you print ,ThisIsWeird has always been helpfull and informative to a lot of the posters on this site ,he/she has spent a lot of time and energy to help resolve other peoples problems ( as have a lot of others ) hope they keep up the good work.

ThisIsWeird

Ganga said:

Cannot agree with what you print ,ThisIsWeird has always been helpfull and informative to a lot of the posters on this site ,he/she has spent a lot of time and energy to help resolve other peoples problems ( as have a lot of others ) hope they keep up the good work.

Thanks, Ganga - appreciated. I don't think that's JDIW's issue, but that he thinks my info here is incorrect (and given at great length - fair point...)

I don't think I'm wrong - the fabric of your leasehold flat should be covered by the communal building's insurance/Freeholder against such damage (tho' not against wear and tear/natural deterioration). But I'd happily be corrected, as this problem comes up regularly, so I would like to know.