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    • APB2605
    • By APB2605 12th Oct 17, 8:50 PM
    • 2Posts
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    APB2605
    Neighbours Leaking Washing Machine
    • #1
    • 12th Oct 17, 8:50 PM
    Neighbours Leaking Washing Machine 12th Oct 17 at 8:50 PM
    On Monday evening water started coming through our bedroom ceiling from the washing machine in the flat upstairs. The water fell on our TV, DVD and PS3.

    The flat upstairs is rented, the landlord of the flat says it is down to his tenant and her insurance. The tenant does not have any insurance in place? The leak was from inside the washing machine, and the washing machine was provided with the flat.

    My understanding is water leaks/ flooding should come under buildings insurance which should be held by the landlord. I have also been told by someone that if the tenant was not aware of the leak and could do nothing to prevent it then it is also the landlords responsibility?

    At the moment we are unable to get an assesment from either persons insurance. Can anybody tell me definately who is respopnsible and my next course of action please?

    Thank you
Page 1
    • Browntoa
    • By Browntoa 12th Oct 17, 8:52 PM
    • 33,189 Posts
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    Browntoa
    • #2
    • 12th Oct 17, 8:52 PM
    • #2
    • 12th Oct 17, 8:52 PM
    Claim on your insurance and use your insurers legal protection team to sort it out
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    • APB2605
    • By APB2605 13th Oct 17, 2:56 PM
    • 2 Posts
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    APB2605
    • #3
    • 13th Oct 17, 2:56 PM
    • #3
    • 13th Oct 17, 2:56 PM
    Our own insurers seem sceptical of being able to aportion blame and therefore unsure of being able to recover our excess.
    Our excess is 500, the replacement value of the damaged goods amounts to 550.
    • Comms69
    • By Comms69 13th Oct 17, 2:59 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #4
    • 13th Oct 17, 2:59 PM
    • #4
    • 13th Oct 17, 2:59 PM
    On Monday evening water started coming through our bedroom ceiling from the washing machine in the flat upstairs. The water fell on our TV, DVD and PS3.

    The flat upstairs is rented, the landlord of the flat says it is down to his tenant and her insurance. The tenant does not have any insurance in place? The leak was from inside the washing machine, and the washing machine was provided with the flat.

    My understanding is water leaks/ flooding should come under buildings insurance which should be held by the landlord. I have also been told by someone that if the tenant was not aware of the leak and could do nothing to prevent it then it is also the landlords responsibility?

    At the moment we are unable to get an assesment from either persons insurance. Can anybody tell me definately who is respopnsible and my next course of action please?

    Thank you
    Originally posted by APB2605


    Well first thing first, what is the value of the items to be replaced?


    I'd suggest your claim is against the LL, if he then wants to pursue the tenant that's up to him. BUT it may not even be worth claiming given that PS3 is about 25, DVD player 15 and TV 60-70? I mean it's 100-130 in total
    • Comms69
    • By Comms69 13th Oct 17, 2:59 PM
    • 2,970 Posts
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    Comms69
    • #5
    • 13th Oct 17, 2:59 PM
    • #5
    • 13th Oct 17, 2:59 PM
    Our own insurers seem sceptical of being able to aportion blame and therefore unsure of being able to recover our excess.
    Our excess is 500, the replacement value of the damaged goods amounts to 550.
    Originally posted by APB2605


    For a PS3, DVD and TV? Not a chance!
    • comeandgo
    • By comeandgo 13th Oct 17, 3:08 PM
    • 2,062 Posts
    • 2,812 Thanks
    comeandgo
    • #6
    • 13th Oct 17, 3:08 PM
    • #6
    • 13th Oct 17, 3:08 PM
    This is not meant to be harsh but you chose the 500 excess, if your excess on contents was 100 you would be ok, or nearly ok.
    • davidmcn
    • By davidmcn 13th Oct 17, 3:16 PM
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    davidmcn
    • #7
    • 13th Oct 17, 3:16 PM
    • #7
    • 13th Oct 17, 3:16 PM
    Our own insurers seem sceptical of being able to aportion blame
    Originally posted by APB2605
    Well, do you think you could do a better job? Has anybody upstairs been negligent? If not then it's the risk of choosing to live underneath someone else.
    • westernpromise
    • By westernpromise 13th Oct 17, 3:16 PM
    • 3,960 Posts
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    westernpromise
    • #8
    • 13th Oct 17, 3:16 PM
    • #8
    • 13th Oct 17, 3:16 PM
    Typically the buildings insurance pays if it's escape of water from a pipe but the owner of the flat is liable if it's escape of water from an appliance. From what you've said it sounds like your landlord is liable is it's his property (both the flat and the appliance).
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • Marcus-H
    • By Marcus-H 13th Oct 17, 4:05 PM
    • 73 Posts
    • 13 Thanks
    Marcus-H
    • #9
    • 13th Oct 17, 4:05 PM
    • #9
    • 13th Oct 17, 4:05 PM
    for such a small amount (to them), you can see why your insurance do not want to know. Think you should speak to Citizen Advice, as it sounds like you dont have much chance getting insurance details out of the landlord without a legal fight!
    • TrickyDicky101
    • By TrickyDicky101 13th Oct 17, 4:08 PM
    • 3,028 Posts
    • 1,956 Thanks
    TrickyDicky101
    Unless the landlord has been negligent then I don't see he has any legal responsibility for the leak - this is what the OP has insurance to cover! You can argue the toss whether LL or tenant have any moral responsibility but that won't help OP get any money back unless LL/tenant feel particularly generous.
    • GrumpyDil
    • By GrumpyDil 13th Oct 17, 5:20 PM
    • 167 Posts
    • 129 Thanks
    GrumpyDil
    Unless the landlord has been negligent then I don't see he has any legal responsibility for the leak - this is what the OP has insurance to cover! You can argue the toss whether LL or tenant have any moral responsibility but that won't help OP get any money back unless LL/tenant feel particularly generous.
    Originally posted by TrickyDicky101
    This. I think this is the third thread I've seen in the last couple of weeks about this. If you Google you should find several articles which state that unless you can show an element of negligence you will be hard pushed to make the other party liable.
    • chappers
    • By chappers 13th Oct 17, 7:34 PM
    • 2,956 Posts
    • 1,707 Thanks
    chappers
    This. I think this is the third thread I've seen in the last couple of weeks about this. If you Google you should find several articles which state that unless you can show an element of negligence you will be hard pushed to make the other party liable.
    Originally posted by GrumpyDil
    Yep that is what your insurance is for.
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