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Question

Insurance (England) | Nuisance and Anti-social Behaviour (England)

Water Leak

2 Oct 2017 | 2 comments

Leak coming from tenanted flat above into my tenanted flat and causing damage. Started 10 days ago.

I called emergency plumber as soon as my tenant alerted me 9 days ago because, when I rang the managing agent of flat above, I could get no reply (Saturday afternoon, but within their stated hours of business). Tenant of flat above was more interested in leaving to attend a party, and so left my tenant to deal with it on her own. He left his flat open for her to let plumber in.

Managing agent of flat above got their own plumber out last Thursday, but have delayed fixing it because they say it is a big job and they need owner’s authority to incur the charges, and they have not got hold of owner.

Today I inspected my flat and see that ceiling damage has worsened and floor has buckled. I have insisted they fix leak asap. They say they are trying to get hold of owner today.

Who is liable for damage to my flat and plumber please?

Managing agent of flat above says I can claim on that flat owner’s policy.

Managing agent of the block says I can claim on their policy but I will have to pay the excess.

Answer

2 Comments

  1. guildy

    It’s good that you are going to be able to claim.

    From what you describe, it’s our view that because the tenant failed to stop the leak within a reasonable period and extra damage has been caused as a result, the tenant above may owe you the cost of the excess.

    That being said, you would need to show that the initial leak would not have needed a claim (and so no excess needed) but because of the delay that has increased the damage and a claim is now needed triggering an excess charge. That could be difficult to prove because the tenant above will argue you would have claimed regardless of the delay.

    A lot may depend on whether there was negligence with the initial leak.

    • Danny

      Hello Adrian

      Thanks very much for this. I’m sorry for the delay in replying.

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