Water Damage From Upstairs Flat - Caused by Freeholder who lives above

CheekyBunter

Hi

Freeholder who lives above our leasehold flat has caused water damage to the kitchen ceiling and Radiator cabinet in our Leasehold Flat Below . 

2nd time this has happened and last time he blamed washing machine

A plumber was called out and said it was due to faulty leaking stopcock and advised he replaced it, which he refuses to do.

Can I claim back the money from him for repairs ? and the £70 callout plumber charge

Mark_d

So the first time you had a leak into your flat, it was the washing machine and this time is is the stopcock?  I don't think you have evidence for a negligence claim based on this.  However, it sounds like you would have a legitimate claim if there is a future leak as a result of the same fault stopcock.

DullGreyGuy

CheekyBunter said:

Freeholder who lives above our leasehold flat has caused water damage to the kitchen ceiling and Radiator cabinet in our Leasehold Flat Below . 

2nd time this has happened and last time he blamed washing machine

A plumber was called out and said it was due to faulty leaking stopcock and advised he replaced it, which he refuses to do.

Can I claim back the money from him for repairs ? and the £70 callout plumber charge

Only if you can prove they have been negligent, ie doing something a reasonable person wouldnt do or failing to do something a reasonable person would do. 

Whilst this may be the second occasion it's a different cause and so not in itself going to point to negligence. You would normally have to show that they knew there was a problem (or should have) and had adequate opportunity to resolve it. 

Is this a converted house with just two dwellings or more? What's actually been damaged? Who provides the Buildings Insurance? Whilst covering the cause of the leak won't be covered, unless it was accidental damage (eg nail through pipe), resultant damage to the building formally would be. How does your lease say the excess should be covered? 

CheekyBunter

FH unfortunately, never takes responsbility for his onwn actions

Thanks but you never answered the question? Im not asking about negligent claim Im saying can I claim costs from him to repair

Not like I asked him can you do me a favour and flood the kitchen this morning

So Im expected to cover this myself ?

CheekyBunter

DullGreyGuy said:

CheekyBunter said:

Freeholder who lives above our leasehold flat has caused water damage to the kitchen ceiling and Radiator cabinet in our Leasehold Flat Below . 

2nd time this has happened and last time he blamed washing machine

A plumber was called out and said it was due to faulty leaking stopcock and advised he replaced it, which he refuses to do.

Can I claim back the money from him for repairs ? and the £70 callout plumber charge

Only if you can prove they have been negligent, ie doing something a reasonable person wouldnt do or failing to do something a reasonable person would do. 

Whilst this may be the second occasion it's a different cause and so not in itself going to point to negligence. You would normally have to show that they knew there was a problem (or should have) and had adequate opportunity to resolve it. 

Is this a converted house with just two dwellings or more? What's actually been damaged? Who provides the Buildings Insurance? Whilst covering the cause of the leak won't be covered, unless it was accidental damage (eg nail through pipe), resultant damage to the building formally would be. How does your lease say the excess should be covered? 

Purpose Bult Flat ...2 Flats... He has Freeholder Property Insurance

Damage Ceiling ...Wallaper come down and staining to cealiong above.

just been redecorated few months

Being assesed

user1977

CheekyBunter said:

Thanks but you never answered the question? Im not asking about negligent claim Im saying can I claim costs from him to repair

It's the same thing. You can only claim the costs if he was negligent. If it was outside his control then you take the risk.

CheekyBunter

Absolutely farce in this country how this crap works

Tabieth

CheekyBunter said:

Absolutely farce in this country how this crap works

Why? If he was negligent, he pays up. If he wasn’t then presumably your insurance will cover it. Bit unfair for him to be liable for something that isn’t his fault. 

DullGreyGuy

CheekyBunter said:

Thanks but you never answered the question? Im not asking about negligent claim Im saying can I claim costs from him to repair

Not like I asked him can you do me a favour and flood the kitchen this morning

So Im expected to cover this myself ?

For you to have a right to reclaim it then you would have to prove a liability. The Tort of Negligence is the most common creator of such a liability but contracts can also, so does your lease state anything given thats your contract with the Freeholder? 

Obviously what someone has to pay and what someone choses to pay is not always the same thing. Some pay things they dont have to but do so for an easy life, or a guesture of goodwill or mistakingly thinking they are liable. Any non-rights based repayment is between the two of you.