Flat- water leak from upstairs

Hi all,

I am reading ALOT of conflicitng advice regarding this online so wondering if someone could help.

I live in a flat (not a communal block but a Tyneside flat), basically terraced house with double the number of doors. And the Freehold is owned by each flat for each other. So no leasehold fees.

I had an issue on Friday where the upstairs neighbour had a leak- only noticed on coming home to a crack in the ceiling!

I knocked and could see the leak coming from his wall mounted boiler in the kitchen- running straight down a pipe and onto the floor. He wasnt keen on contacting the landlord (agency) but I have spoken to them so I made contact.

They sent a plumber out- it was established that in a boiler install that the soldering of the hot water pipes wasn't done correctly which meant there was a small leak from the joint.

Where do I stand in making my ceiling good again? Do I claim from them? Or do I make a claim on my policy and ask them to chase the agency?

Reading online it would appear vague in the liability? So any help is appreciated.

Comments

  • eddddy
    eddddy Posts: 16,363 Forumite
    First Anniversary First Post Name Dropper
    edited 18 February 2019 at 9:35PM
    In order to claim from somebody, you would need to show that they were negligent.

    For example, if the upstairs tenant could see the boiler was leaking but did nothing about it for some time - that might be negligent. So you might be able to claim from the tenant.


    Otherwise, it would be a case of claiming on the buildings insurance policy to fix the damage (assuming it's covered) - if it's economic to do so, given the excess and increased premiums.

    (I'm not sure how buildings insurance policies are arranged for Tyneside flats - given the 'unusual' freeholder/leaseholder setup.)
  • Quentin
    Quentin Posts: 40,405 Forumite
    mills705 wrote: »

    Where do I stand in making my ceiling good again? Do I claim from them? Or do I make a claim on my policy and ask them to chase the agency?

    Reading online it would appear vague in the liability? So any help is appreciated.
    As advised unless there has been (provable!) neglect then there is no liability


    See if it will be cost effective for you to claim on your insurance before contacting them (bearing in mind the excess plus increased premiums over the next 3/5 years depending on how long a history of claims/losses you are asked to give)
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