Claiming for water damage from flat above

wickywocky

A friend lost two computers amongst other things the other day due to a leaking pipe in the flat above. They don't have contents insurance and have been told the insurers for the flat above will only deal with their insurers for a claim. This doesn't seem right to me. Would they be able to take a small claims action(or other action if the value is above the £3000 scottish limit)? Or is there anything else they can do? It seems the above flat were aware of the leak for some time before my friends discovered water pouring through their light fitting but didn't turn off the water or let them know what was happening. They had plumbers searching for the leak and couldn't find the stop tap - but I don't understand why the plumbers at least couldn't have stopped the water at street level.

Any advice I can pass on to them would be most welcome.

DaisyFlower

Unless they can prove negligence on the owners of the flat above, then they dont have a claim. If they had a plumber in then they obviously tried their best to stop the leak.

If your friends can afford computers but not a few pounds for contents cover then they have their priorities wrong.

Wegie

I returned to my rented flat a few years ago to find the neighbour below had got police/plumbers to break into my flat to fix a leak. I reimbursed her the cost of plumber (for which the Landlord later reimbursed me) and gave her the Letting Agent's contact details to discuss damage to her flat. It turned out they were not liable - any damage to her flat had to be claimed from her own insurance. I felt terrible - she was a little old lady, but I looked into it further and concluded that the letting agent was correct. This was in Scotland by the way.

Not sure about the upstairs people actually knowing about the leak though, that does seem a bit out of order but I guess it's hard to prove. I'm with DaisyFlower on the insurance - I think that would have been their only hope.

wickywocky

Thanks for your replies.

They've only recently moved back to the uk and I think they thought they were covered under the landlords policy as they are in furnished rented accommodation - they didn't realise it only covered the landlords things. Ok, they should have checked but with relocating, expanding their family and other major changes some things do get overlooked. If you wreck your computer by spilling tea on it or because the kids drop it on the floor and you're not insured then so be it, but if your neighbours know they have water pouring out of a pipe isn't it reasonable they'll let you know so you can at least limit the damage? And if, because of their actions or lack of them, you lose out financially then isn't it reasonable to assume you'll get recompensed, whether you are insured or not?

If they did have insurance, wouldn't their insurance just claim off the neighbours insurance anyway? Isn't that the purpose of the third party liability element of the insurance? And if an insurance company can do that, why can't an individual?

Sorry for the rant, it's just so unfair this should happen to such good people.

FlameCloud

You seem to be misunderstanding and confusing the issue with emotion.

The lower flat (whether through insurers or self insured) can only pursue the responsible party if they were negligent in their actions. In this situation you will have a job proving it because they did get a plumber then this shows that they did try and do what the common man would do, and called in help. Their main responsibilty it to stop the leak, not inform every man and his dog that something might happen.