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    • Susanvw
    • By Susanvw 17th May 18, 8:00 PM
    • 1Posts
    • 0Thanks
    Leak from my flat to downstairs flat.
    • #1
    • 17th May 18, 8:00 PM
    Leak from my flat to downstairs flat. 17th May 18 at 8:00 PM
    In July I was made aware by my downstairs neighbour that water from my toilet had leaked into their bathroom. It had left three stains in the bathroom ceiling and they say it stopped their extractor fan from working, which like the flats are 12 years old.
    I phoned my insurers who cover me For leaks etc and they said they couldn't send anyone out to mend the leak the next day but someone would attend the day after.
    The next day my neighbour told me that their own plumber had arrived and could he look at the leak in my flat. I said he could. He looked at it and said it looked like a small job aNd could be go ahead. I said yes, but after he looked he said I needed a new part he then put the part in and presented me with a bill for 150. I was shocked as I had insurance cover but still had to pay. Anyway after wrangling with my insurance company they agreed to pay (by this time the bill had been reduced to 99).
    A few weeks later I had correspondence from a third party (downstairs rent, I own) requesting another 325 for a new extractor fan and painting of the ceiling. I refused, said the extractor was either broken or in its last legs anyway and just to settle the matter I offered 50 for the painting, via the third party I was told he was refusing to accept this and that he wanted 205, which excluded the fan.
    The insurers who paid out for the part originally say they will not cover the decoration.
    I have been in touch with the service charge company, who charge me over 1600 per year and they say the buildings insurance won't payout because the excess is more than 205.
    So despite having buildings, contents and water insurances none will pay out.

    I have since heard, via the third party, that he now wants 180 or he is taking me to court, submitting his application next Wednesday.

    Can anyone advise me please?
    Last edited by Susanvw; 17-05-2018 at 8:04 PM. Reason: Forgot something
Page 1
    • Ectophile
    • By Ectophile 17th May 18, 10:53 PM
    • 3,463 Posts
    • 2,213 Thanks
    • #2
    • 17th May 18, 10:53 PM
    • #2
    • 17th May 18, 10:53 PM
    If you weren't negligent, then it's not your fault. That's what buildings insurance is supposed to be for.

    You could be negligent if you caused the leak, or if you knew there was a leak but did nothing to stop it. If you didn't know there was a leak, it's not your fault.

    If you feel like being belligerent, deny any liability for anything that you haven't already paid for.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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