Repairing ceiling after a water leak

ThisIsWeird

subjecttocontract said:

No it shouldnt......We seem to be going around in circles. The OP hasn't been negligent, so he has no liability to pay for, organise or get involved with the ground floor flat damage. It was caused by a leak that could not have been foreseen and gravity did the rest. How the ground floor decide to repair is up to them. The OP is not liable for cost, insurance excess or work to fix it. If they decide to claim on the insurance and the premium rises then that is what will happen.

In the OP's situation, how would you handle this?

subjecttocontract

Not necessarily.
We all like to maintain a good relationship with our neighbours and it wouldn't be a surprise if the upstairs leaseholder decided to make a contribution to the cost of repairs. What I'm responding to is the suggestion that the cost should be shared 50:50. There is no obligation on the part of the upstairs leasehold to share the repair costs.

ThisIsWeird

If the OP's neighbour doesn't have contents insurance?

subjecttocontract

The OP hasn't made any mention of contents insurance. If he had the same message would apply. The OP has no liability for damage to the downstairs neighbours contents. 

ThisIsWeird

Do you know which type of insurance cover - buildings or contents - would cover ceiling damage like this?

subjecttocontract

Definitely buildings insurance.

ThisIsWeird

Thank you, STC - I'm learning

ThisIsWeird

pred02 said:

ThisIsWeird said:

pred02 said:

Is there any reason why I can't now claim on the £300 to locate and repair the leak on insurance, let the owner downstairs deal with tenants and builders and pay my half of the excess?
There is no emergency number on the policy or anything that requires to use the insurance services. I guess I can call the insurance to find out if they will cover the amount I spent.
Ok so freeholders pay up which is up meaning 50/50 on the excess. 

I really don't know, but suspect it'll be too complicated for the insurance co. I'd suggest they either handle the whole claim, or nothing. I'm sure they'll think it great that you found an emergency plumber, and that it 'only' cost £300, but if they then need to juggle two separate claims - the first to refund your £300, and then the other party to make good the rest - it just becomes too complicated; they don't work that way. 

But you won't know unless you ask - I see no harm is calling them up and explaining the situation; you had a leak in the middle of the night, called out an emerg plumber, they fixed it, you paid them, but fear you now need to make a claim for the 'making good'; will they cover the first bill too?

You are both 'directors' of the Freehold company, yes? Then you should work together on this. I suspect that if you'd contacted the insurance co at the start, they'd have sent out an emergency plumber, and then an assessor to check on the damage. If the assessor found only a damp ceiling as shown in your pic, but otherwise intact, I imagine they'd perhaps provide a dehumidifier (but possibly not), and then suggest leaving it for a few days to fully dry, whereupon they'll arrange for a P&D.

But, I don't know. Perhaps they just go in and redo it all - but that's potentially a very messy job, and far more disruptive to the tenants.

All I would say for definite is, if the owner below is thinking that you will personally pay for a new ceiling, you need to disabuse him of his presumption right away - that just ain't going to happen. So, it's either P&D - for which you should both contribute equally - or he gets on with the insurance. For the latter, he should agree to submit your paid invoice for the plumbing repair too, and I'd like to think the insurance will cover it - but they may not. And they may not pay for a new ceiling either - not unless it's needed. So, the claim payment could be as little as £300 + £280, in which case you're both better off digging into your pockets for it.

If the insurance co won't pay for your plumbing repair, then the other owner should offer half towards this too - but I wouldn't hold my breath.

Remember - this was an unanticipated accident, and should be handled jointly. Not your fault. It is a joint responsibility.

Moving forward, have a list of emergency responses stuck to the inside of a kitchen door!

Thank you. I clarified with insurance, as we do not have emergency cover they will not pay for the plumber. I will get a third quote and will seek that we split the cost of repairs. 

Ok, Pred02, the situation - as I hope you have been following - would appear to be, let the communal buildings insurance sort it. Learning curve for moi aussi (and that is genuinely the only time I've called on my thrice-failed French O level).
An alternative would be for you and other owner to agree to split the bill instead, if you both considered it would be a simpler and less costly outcome. Ie that the excess + possible increased premium is more than just fixing it yourselves.
But, I'd suggest that if the owner is seriously considering 'ceiling down', then you make it clear to them that's an 'insurance only' route. 
And try not to chuckle if the assessor then comes out and says 'non' - seal and paint is fine. 
Please let us know how this develops :-)

jcb208

I don't even think the leak warrants all this legal issues, its minimal damage ,plaster just needs sealing and repaint the ceiling,no need for extensive replacement of boards unless the ceiling has bowed.I was a decorator on site for 30 years and you can bet 1 in 3 houses had leaks which were just sealed and covered up and the buyer never knew

ThisIsWeird

jcb208 said:

I don't even think the leak warrants all this legal issues, its minimal damage ,plaster just needs sealing and repaint the ceiling,no need for extensive replacement of boards unless the ceiling has bowed.I was a decorator on site for 30 years and you can bet 1 in 3 houses had leaks which were just sealed and covered up and the buyer never knew

Yes. But the flat owner has this builder who has seemingly played the 'health issue' card, and the tenants - understandably - are now concerned.
It's largely all barlocks, but hey.
The OP should, tho', just say, 'whatevs - get on with it. I ain't paying for it'. Insurance jobbie.