Apologies for being so long! I live in a flat and the block has a caretaker. In March he left me a note saying the flat downstairs had reported a water leak and could I check it was my washing machine. I immediately went to their flat to ask about it. They were away for the weekend but I left a note with my mobile number on it. Over the course of a few tests - we never met - the tenant (the owner's son in law) told me it had been leaking for a few weeks but 'they had been away a lot'. Once the slow drip leak was established as coming from my washing machine it was fixed within 24 hours. I had not had a new machine installed so don't know why it started leaking.
2 months later the management co send me an email telling me the owner of the flat is making an insurance claim and I will be liable for the excess. Size of claim not mentioned. The owner of the flat was cc'd but did not respond when I said the tenant was at fault for not reporting it to me promptly and I would not pay it.
4 months later the owner sends an email including his bank details and asking for £1k. His insurance claim was for a whole new kitchen so approx 9k. I respond by saying I though the matter was closed as he had not contacted me for 4 months, am surprised at size of claim, can I see the damage and copies of docs including proof the excess is 1k. 4 weeks go by and I hear nothing. Then we meet at a residents meeting - even though he doesn't live here he owns 3 flats. His 2 children live in one each and he rents the third out.
He very nicely asks for £1k. I mention my email and he claims he never received it. I give him a hard copy and 4 days later he sends me the docs. As it's now 7 months since the leak, the damage has been repaired and I can't see it. My (suspicious) opinion is that some of the docs look like they have been edited and may not be the official docs. The amount paid out by the insurance co has been blacked out but is slightly legible and is more than he told me they had paid. The letter does say the excess is £1k. The emails he has sent are now full of comments about the flat being uninhabitable, the tenants had to live with mould, he has had considerable expense (which is a lie - he has paid £1k but is telling me it is more and the damaged kitchen was 18 years old so nearing end of useful life) and setting a seven day deadline to pay and if I don't pay we will enter a legal phase and it will end up costing me more.
AIBU to not pay on the grounds that I was not negligent (if anyone was negligent it's his son in law who knew there was a leak and did nothing), and he has not been open, timely and honest re communication etc. As I understand it, the law says he would have to prove I was negligent to take me to court and I don't think he could prove that.
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AIBU?
to not pay my neighbour's £1,000 insurance excess?
121 replies
washerwoman2 · 25/11/2014 23:39
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