Water Tank - in Council Flat

MandyB0312

Hi, I have been in my council top flat for 20 years, last month the water tank that serves my side of the flats burst, my flat was submerged in water pouring in through electrical sockets, down the walls of my living room kitchen and bedroom, the council came and did what they needed to. 1.30 am that morning my whole living room ceiling caved in causing more damage. once this had been cleared up i asked for a claim form for all the damage, reluctantly he sent me one to claim off the councils insurance. at the moment I am £1000 plus out of pocket as I had to rip everything up due to water damage.
what I would like to know are the council responsible for the tank and the damage to my flat.
this tank was put in when the flats where built and never in 20 years has this been looked at or maintained.

I received and initial email from their insurance to say they will only pay out if the council are legally responsible , are they ?

someone please advise

Thanks 

BarelySentientAI

I don't know if there's anything strange about council arrangements, but generally:

It depends if the tank supposed to be "looked at and maintained".  If it isn't, then there's nothing wrong with them not doing that.

They're only responsible for the contents of your flat if they were negligent - not just because they own the tank - otherwise that's what your insurance is for.

molerat

You claim off your contents insurance, they will look into landlord liability of the council and recoup their costs if possible.  The council are only generally liable if they were negligent / failed in their duty of care.

GDB2222

Are you still living there or have you moved to temporary accommodation? 

AlexMac

Unlucky you!  It makes me relieved that our local council freeholder recently drained and by-passed a huge zinc tank above our top floor leasehold BTL flat (identical to your description) where our granddaughter now lives. 

I’m no expert, so I don’t know about “legal liability “ but while the advice above, about involving your own insurer to fight your corner is good, I assume that much of the damage; to the ceiling and electric circuitry was a matter for the freeholder or their “buildings insurer”. Again, I assume this means the council and their insurer rather than your “contents insurer”?

The following experience might be relevant?

I, as treasurer of the shared freehold company in our previous home, was responsible for arranging insurance on that six-flat block. 

When a plumbing leak from a first floor flat ran for a week and did even more damage than you describe to the one below (while its occupants were on holiday!) AVIVA, our buildings insurer covered everything. Repairs (including putting in their own excellent contractor), loss of rental income/ alternative accommodation cost… they were great!

So while they may play the “no negligence = no liability card”, it seems a bit disingenuous of the Council to wash their hands of it all?  Maybe they “self insure” for damage which they regard as minor (a few grand for a ceiling and electrical checks?) but even so, I’d be on their case. 

And if the council staff continue to brush you off, ask how to raise a formal complaint, or better, go to your ward Councillors. In theory, they run the Council and are often prepared to act for their electors. Find ‘em on the town hall website or via www.writetothem.com

good luck

silvercar

Metal tanks last for decades….until they don’t. You can’t predict when they will burst. Nowadays they are plastic so the problem disappears. I changed a metal one that was fine, just because I was having other work done at the time, the plumber thought I was mad as it could go on for years without a problem, but I didn’t want to take the risk.

MandyB0312

GDB2222 said:

Are you still living there or have you moved to temporary accommodation? 

still in the flat, they told me the ceiling would be fine but it came down whilst we were in bed and landed where i sit. so could have been a very serious law suit 

GDB2222

MandyB0312 said:

GDB2222 said:

Are you still living there or have you moved to temporary accommodation? 

still in the flat, they told me the ceiling would be fine but it came down whilst we were in bed and landed where i sit. so could have been a very serious law suit 

Sounds like a lucky escape. 

Is the flat being dried out with dehumidifiers? I assume that in this hot weather you can have the windows wide open, so that should help.