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    • Elelyn
    • By Elelyn 13th Jun 19, 1:06 PM
    • 337Posts
    • 1,434Thanks
    Elelyn
    Water damage from upstairs flat - who pays insurance excess?
    • #1
    • 13th Jun 19, 1:06 PM
    Water damage from upstairs flat - who pays insurance excess? 13th Jun 19 at 1:06 PM
    Hi,


    I wonder if anyone can help or advise on this situation.


    My mother owns a leasehold flat. There has been an incident whereby a water leak from the flat upstairs has caused substantial damage to my mother's flat (no damage to the upstairs flat). She has opened a claim with the insurance company to get the damage put right. The problem is that the excess on the buildings insurance is 500.00 She has been told by the property management that as she is making the claim, she is responsible for paying this excess. Seems harsh as the leak was actually from upstairs. The insurance policy covers all of the flats in the block and is in the name of the management company who are responsible for the freehold.


    Has anyone been in a similar situation or can advise whether my mother should have to pay the full excess cost herself?


    Thank you in advance.
Page 1
    • Elelyn
    • By Elelyn 13th Jun 19, 1:11 PM
    • 337 Posts
    • 1,434 Thanks
    Elelyn
    • #2
    • 13th Jun 19, 1:11 PM
    • #2
    • 13th Jun 19, 1:11 PM
    I have reposted this in the insurance forum as think that is probably the best place to ask!
    • phill99
    • By phill99 13th Jun 19, 4:34 PM
    • 8,618 Posts
    • 7,807 Thanks
    phill99
    • #3
    • 13th Jun 19, 4:34 PM
    • #3
    • 13th Jun 19, 4:34 PM
    I run a property maintenance company and del with this situation routinely.


    The excess should be paid for by the people upstairs, not your Mum. Any solicitor will tell you the same.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
    • newbutold
    • By newbutold 13th Jun 19, 5:43 PM
    • 705 Posts
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    newbutold
    • #4
    • 13th Jun 19, 5:43 PM
    • #4
    • 13th Jun 19, 5:43 PM
    I would think that your Mother would have to pay it as the damage is to her flat and then recover it from the upstairs flat owners as they appear to be at fault.
    If my posts have random wrong words, please blame the damn autocorrect not me
    • neilmcl
    • By neilmcl 13th Jun 19, 6:41 PM
    • 13,521 Posts
    • 10,109 Thanks
    neilmcl
    • #5
    • 13th Jun 19, 6:41 PM
    • #5
    • 13th Jun 19, 6:41 PM
    I would think that your Mother would have to pay it as the damage is to her flat and then recover it from the upstairs flat owners as they appear to be at fault.
    Originally posted by newbutold
    ^This.

    OP, you mother needs to pay the excess as it is her that's making the claim. This then needs to be recovered from the neighbour.
    • stragglebod
    • By stragglebod 13th Jun 19, 9:19 PM
    • 819 Posts
    • 740 Thanks
    stragglebod
    • #6
    • 13th Jun 19, 9:19 PM
    • #6
    • 13th Jun 19, 9:19 PM
    I'm confused by the reference to buildings insurance.

    Is it damage to the fabric of the building itself, or to the contents of your mother's flat?
    • Fire Fox
    • By Fire Fox 14th Jun 19, 1:06 AM
    • 25,155 Posts
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    Fire Fox
    • #7
    • 14th Jun 19, 1:06 AM
    • #7
    • 14th Jun 19, 1:06 AM
    Hi,

    I wonder if anyone can help or advise on this situation.

    My mother owns a leasehold flat. There has been an incident whereby a water leak from the flat upstairs has caused substantial damage to my mother's flat (no damage to the upstairs flat). She has opened a claim with the insurance company to get the damage put right. The problem is that the excess on the buildings insurance is 500.00 She has been told by the property management that as she is making the claim, she is responsible for paying this excess. Seems harsh as the leak was actually from upstairs. The insurance policy covers all of the flats in the block and is in the name of the management company who are responsible for the freehold.

    Has anyone been in a similar situation or can advise whether my mother should have to pay the full excess cost herself?

    Thank you in advance.
    Originally posted by Elelyn
    It is very difficult for anyone to give useful advice when the story is third or fourth hand. Can the leaseholder (your mother) come online herself?

    Can you post the exact wording of what the leaseholder has said, and the managing agent has said? Is the leaseholder placing a claim with the insurance company directly , or is the managing agent doing the paperwork? Is there anything in the long lease about the insurance excess?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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