Flat To Flat Leak, Who Pays The Excess

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Flugelhorn said:

WIAWSNB said:

TheGreenFrog said:

Yes, I agree I did overstate potential liability.  But this will be an insured event, and expectation will be that loss is claimed under insurance.  I would leave it to insurers to sort.  But it may be that the relevant policy is in fact a general buildings policy covering all flats and managing agent is just ducking out.    

Yes, I've certainly seen some threads on here where the ManCo has been reluctant to act in such cases where they almost certainly should.

Given the info on this situation, tho', I personally would not contact my insurance co at all. This neighb has a stain on his ceiling, and is taking the mick with his £1k quote. He shouldn't be given any credence whatsoever. It should be up to him entirely to pursue this if he believes he has a legit claim. Which he doesn't.

Once you contact your insurance, 'things' tend to happen which grey the water.

I am aware of some flats where the management company is reluctant to go to the insurance company for water leaks as the excess is now £1000 - they get their own contractors to do the work instead - the resident / owner is liable for fixing the leak but they deal with the damage 

It depends on what is written in the lease but some ManCo firms take building insurance out that carries a high excess in exchange for a lower annual premium. But the lease says that buildings insurance cover should be fully included as part of the service charges not only partly provided with the claimant paying a large excess. Therefore the claimant should be able to claim back their excess from the service charge account.

CatThomLilPic

Hi, I thought this issue was put to bed. But I’ve received a letter informing me of his intention to pursue a claim in the Small Claims Court. Would it be possible to private message someone regarding this in more detailing for some advise?
Again thanks in advance!

WIAWSNB

I don't think there's a legal beagle on this forum, but I don't know. 

But, in your situation, I would not worry. You have evidence that the two leaks had completely different causes, and that neither involved any negligence on your part - there was no way for you to have been aware a leak was taking place, until the point it unfortunately appeared in the flat below.

The repair quote you have been given (actually, it was even a proper quote, was it?) - "around £1,000 for stain blocking & painting the ceiling" - is completely bonkers, and another element that will not serve them well.

Do not enter into any discussion or argument with this guy. Do not discuss any element of it, such as how it should be fixed, the cost of repairs, his dodgy P&D mate, or anything - just don't. Do not discuss the previous case. 

Either ignore him completely - a wee smile - or stick to a mantra such as; "I understand it must be frustrating, but that doesn't alter the fact that it's how these situations are handled when someone wasn't negligent."

If he goes on, then just look at him and wait until he finishes. Repeat the mantra, or walk away. 

I don't think you've mentioned whether you have Legal Protection included in your content's insurance? If you do, bear in mind it's free, and also independent of your actual home insurance. Always good to have legal advice. 

Personally, I wouldn't contact your actual insurance co, as there is no valid issue at the moment, and it'll likely only murky the waters.