Water Leak - Insurance claim when Freeholder has died

NatureNana

I noticed the water pressure on my boiler kept dropping in April, my usual plumber couldn't find a reason and suggested it was a water leak within the walls or under the floor.

I live in a one bed-roomed ground floor flat that is leasehold so I contacted the Freeholder and asked if I could claim on the insurance, he sent me an email on 15 May saying Direct Line wanted my phone number which I immediately sent, then silence!! 

Mid June I got a phone call from his daughter telling me he had died and she had just got access to his computer and found all my emails. She phoned Direct Line and although they can't deal with her legally they did tell her the policy had been renewed automatically and I was to go ahead and get the leak fixed.

The leak was found under the concrete floor in my sitting room and has been fixed but I've paid out over £2,500 so far and to finish the job it's going to cost another £6,000. It's money I can ill afford.

Direct Line want probate sorted before they will deal with the daughter and I know this can take a long time meantime I'm left living in a sitting room with all my furniture on one side of the room and a 15cm trench across the other side. By the way I have mobility problems!!

I don't know if the Freeholder had started a claim, I've not been given a claim number, but supposing he didn't it's already 4 months since I first told him about the leak.

Does anyone know if there is a dead-line for making a claim?

Any ideas on how I can proceed when there is no guarantee at the moment that I'll get my money back?

Despite the heatwaves the walls and concrete floor are still 100% wet and autumn is fast approaching!!!!

MyRealNameToo

NatureNana said:

I noticed the water pressure on my boiler kept dropping in April, my usual plumber couldn't find a reason and suggested it was a water leak within the walls or under the floor.

I live in a one bed-roomed ground floor flat that is leasehold so I contacted the Freeholder and asked if I could claim on the insurance, he sent me an email on 15 May saying Direct Line wanted my phone number which I immediately sent, then silence!! 

Mid June I got a phone call from his daughter telling me he had died and she had just got access to his computer and found all my emails. She phoned Direct Line and although they can't deal with her legally they did tell her the policy had been renewed automatically and I was to go ahead and get the leak fixed.

The leak was found under the concrete floor in my sitting room and has been fixed but I've paid out over £2,500 so far and to finish the job it's going to cost another £6,000. It's money I can ill afford.

Direct Line want probate sorted before they will deal with the daughter and I know this can take a long time meantime I'm left living in a sitting room with all my furniture on one side of the room and a 15cm trench across the other side. By the way I have mobility problems!!

I don't know if the Freeholder had started a claim, I've not been given a claim number, but supposing he didn't it's already 4 months since I first told him about the leak.

Does anyone know if there is a dead-line for making a claim?

Any ideas on how I can proceed when there is no guarantee at the moment that I'll get my money back?

Despite the heatwaves the walls and concrete floor are still 100% wet and autumn is fast approaching!!!!

There is often clauses to tell the insurer as soon as is practicably possible however it only becomes an issue if the delay in reporting prejudices their case, namely if additional damage is caused by the delay (eg hole in roof lets in water causing rot or scratched panel starts rusting). 

Ultimately its the landlords responsibility, subject to your tenancy agreement, and now after their passing its their estate's. If they choose to claim from insurance or not etc is their choice and in principle doesnt directly impact you. It's obviously up to you how sympathetic you want to be on their passing or if you want to push more for the landlords debt to you to be settled quicker... presumably the estate is solvent. 

NatureNana

I'm trying not to push the daughter too hard, it was a sudden death and she had no idea of his business interests. I hadn't considered that the estate might not be solvent!!

eddddy

MyRealNameToo said:

Ultimately its the landlords responsibility, subject to your tenancy agreement, and now after their passing its their estate's. If they choose to claim from insurance or not etc is their choice and in principle doesnt directly impact you.

It sounds like the OP is a leaseholder, not an AST tenant...

NatureNana said:

I live in a one bed-roomed ground floor flat that is leasehold so I contacted the Freeholder...

If so, it's very likely that the OP is responsible for accessing and repairing their leaking boiler pipe, and making good afterwards.

And it sounds like the freeholder is responsible for buildings insurance.

But to be absolutely certain, the OP should read their lease.

NatureNana said:

I don't know if the Freeholder had started a claim, I've not been given a claim number

@NatureNana - presumably, you would want to claim under "Trace and Access" cover. Have you read the freeholder's buildings insurance policy, to make sure it has "Trace and Access" cover? It might not have.

NatureNana said:

I hadn't considered that the estate might not be solvent!!

I can't see how that would be relevant. Assuming the freeholder has taken out the correct buildings insurance policy, a claim can be made whether or not the estate is solvent.

NatureNana said:

I'm trying not to push the daughter too hard, it was a sudden death and she had no idea of his business interests.

Apart from 'persuading' the daughter to hurry up, there's probably not much else you can do.