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Leak into downstairs neighbour

92 replies

Soher · 29/05/2024 09:14

I had a leak from my bathroom into the downstairs neighbours flat. I didn’t know about the leak until they notified me as it was under the flooring. I had it fixed immediately.

There was a crack to their ceiling and some dripping water when they notified me. I explained I’d had it fixed and they would need to contact their insurance company to sort out the damage. I also notified my insurance to let them know there might be a claim for reimbursement from the neighbours insurance company.

They did nothing and the ceiling has now come down and they are expecting me to pay to have it fixed. They are ignoring the fact they need to go through insurance, my first thought was they don’t have any but they have confirmed they do. I even offered to pay the excess so they aren’t out of pocket.

Other than paying for it all myself which I can’t afford to do is there anything else I could do? Other than the fact I can’t afford to I don’t want to arrange workmen for somebody else’s property, if the work isn’t up to standard for example who then becomes liable.

I live on my own and I’m really stressed as they are becoming more and more aggressive about it.

OP posts:
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G123456789 · 05/06/2024 18:28

Bakersdozens · 05/06/2024 10:05

whether they are insured or not is totally irrelevant, - you are liable for the damage - you need to pay for it - and then claim in your insurance.

No it's not her fault. She was not negligent. If you read her update it explains why. There is case law in such situations. Hall v brooklands motor racing circuit (1934) being the most quoted. By buying a flat you accept the risk of such events happening. This is why the block will have just one building insurance policy and the individual residents have individual contents insurance.
building insurance covers the bricks and mortar, contents the things inside, with sometimes a limited cover for improvements to rented property.

Hillarious · 05/06/2024 10:39

We had a similar situation a few years ago in a maisonette in south London. We were flooded at the back of the house as a consequence of a frozen pipe in the upstairs flat when the neighbours were away. We rectified the damage through our own insurance. No common parts, no joint insurance. It was an accident and this is why we had buildings insurance.

DistinguishedSocialCommentator · 05/06/2024 10:11

Soher · 05/06/2024 10:01

@WhistPie this sounds exactly like ours.

They do have insurance they have now sent me their insurance documents.
They still want me to pay out of my own pocket for the excess however my insurance company has said if they want money from me I need to make a claim through my liability insurance which covers damage to other properties (I didn’t even know I had this). They’ll pay up if I’m liable, if I’m not then I don’t have to pay anything. They’ve also suggested if they don’t find me liable, if they attempted to take me to the small claims court the fact the insurance company found me not liable means they wouldn’t have a chance of claiming from me.

sounds about right

Re laiblity insurance, I believe it is part and parcel of of the buildings insurance re flats

your ins is correct, don't worry but never ignore letters etc or delay relaying them to your ins - keep a concise record record

Yellowhammer09 · 05/06/2024 10:10

Surely it's cheaper just to get a plasterer in to repair the ceiling? Plasterboard, skim, paint. Job done ✅

DistinguishedSocialCommentator · 05/06/2024 10:09

You've done the right thing - let the insurance take care of it
They seem to be clowns - so remain ploite and steer clear
Are these private apartments or social housing block??

ACynicalDad · 05/06/2024 10:06

I don't even think they should have to claim on their insurance with you paying the excess as they will have to pay more for years to come in their premium. I feel you need to sort this and if you can claim it on your insurance then great.

Bakersdozens · 05/06/2024 10:06

Soher · 05/06/2024 10:02

I do feel quite bad about the situation as I understand they have damage to their property through no fault of their own but I guess that’s why we all pay insurance for instances like this.

They are not required to insure themselves against YOUR liability - the cost is yours entirely, and if you are insured, and can claim it back, great, but that is neither here not there for them

Bakersdozens · 05/06/2024 10:05

whether they are insured or not is totally irrelevant, - you are liable for the damage - you need to pay for it - and then claim in your insurance.

Isinglass20 · 05/06/2024 10:03

I think that Insurers will only insure the whole building and one named person the holder of the freehold title.
Unlike contents insurance taken out by the individual flat owner/dweller.

Soher · 05/06/2024 10:02

I do feel quite bad about the situation as I understand they have damage to their property through no fault of their own but I guess that’s why we all pay insurance for instances like this.

OP posts:
Soher · 05/06/2024 10:01

@WhistPie this sounds exactly like ours.

They do have insurance they have now sent me their insurance documents.
They still want me to pay out of my own pocket for the excess however my insurance company has said if they want money from me I need to make a claim through my liability insurance which covers damage to other properties (I didn’t even know I had this). They’ll pay up if I’m liable, if I’m not then I don’t have to pay anything. They’ve also suggested if they don’t find me liable, if they attempted to take me to the small claims court the fact the insurance company found me not liable means they wouldn’t have a chance of claiming from me.

OP posts:
Thisoldheartofmine · 05/06/2024 09:02

You're absolutely right @Ukrainebaby23 and I'm shouldn't have gone off on one there .
I think @Isinglass20
might be right . There will be a title registered for the land and that must be owned by somebody. Or if a shared freehold by somebodies. Though that doesn't necessarily mean that there is communal building insurance.

Ukrainebaby23 · 05/06/2024 06:50

Thisoldheartofmine · 04/06/2024 08:32

Why do people post when they've not absorbed basic , crucial details given by the OP?
THE OP SAYS THERE IS NO COMMUNAL BUILDINGS INSURANCE

Edited

Bc they believe the OP actually does have some communual insurance but that the OP hasn't considered/found/understood, if not through a management then through the leasehold agreement.

It doesn't sound to me like there is, but I'm no expert.

Pretty awkward situation OP, surprised insurance companies don't offer guidance on what to do in this situation. You may have some legal advice lines free with your own insurance or other services, maybe consider giving them a call.

Thisoldheartofmine · 04/06/2024 08:32

Why do people post when they've not absorbed basic , crucial details given by the OP?
THE OP SAYS THERE IS NO COMMUNAL BUILDINGS INSURANCE

Isinglass20 · 04/06/2024 08:16

One parcel of land one registered title at the Land Registry

minipie · 03/06/2024 11:31

We had this happen to us years ago, leak from upstairs neighbours collapsed our ceiling.

We claimed through our insurer for the damage - new ceiling carpets painting etc. Think it was technically a mix of buildings and contents insurance claims but they were with the same insurer.

Upstairs neighbour was not involved at all as I recall.

There is no way they can claim from you in court.

Stick to your guns OP

dick27 · 03/06/2024 11:01

I'm in a similar scenario. but mine wants to sue me for £20k

noosmummy12 · 03/06/2024 10:17

Bo1978 · 01/06/2024 16:11

This! No way would they choose this as their excess. If the problem was at their property this is the excess they personally would have to pay - they are def trying it on.

Yes this! A- there is no shitting way anyone would accept an insurance policy where their excess is that high
B- if they were stupid enough to accept this as an excess fee they have to pay it, no one else!

WhistPie · 03/06/2024 02:24

Isinglass20 · 02/06/2024 22:17

So who holds the title? They cannot both but separately hold the freehold unless joint ownership with deed of trust setting out the responsibility for maintenance of the land and estate

In his youth, DH owned an upper floor maisonette. He was responsible for the roof, his part of the garden and the front path to his door. He also owned the loft. The ground floor flat had a door adjacent to DH's and they owned the part of the front garden in front of their door and front room.

There was no service charge. There were no common areas. Each maisonette arranged their own buildings and contents insurance.

There was ground rent of £10 per year to pay and he had 128 years of the lease left when he sold it.

A maisonette is not the same as a flat.

AllTheChaos · 03/06/2024 01:29

I just checked, and on my home insurance the compulsory excess for this kind of claim is £100. So would indicate a voluntary excess of over £1,000. Which seems, um, unlikely…

croydon15 · 02/06/2024 22:48

£1200 sounds excessive l doubt very much that it's correct they are trying to get you to pay for the whole work perhaps they are lying and have no insurance, stand your ground and tell them to claim from their insurance.

Isinglass20 · 02/06/2024 22:17

PianPianPiano · 02/06/2024 20:09

The OP has said, there is no service charge, no common parts, no freeholder. It's a maisonette and they each own their half of the building, so OP owns the roof.

So who holds the title? They cannot both but separately hold the freehold unless joint ownership with deed of trust setting out the responsibility for maintenance of the land and estate

PianPianPiano · 02/06/2024 20:09

Isinglass20 · 02/06/2024 18:15

You said you own the lease to a flat. What is included in the lease for which you pay service charge for maintenance of common parts.
Who do you pay sc to? Does sc cover contributions to building insurance?
What isn’t covered in your lease for which you pay sc is the responsibility of the freeholder.
So does the freeholder own the walls, roof, floor etc and if so the leak of the shower may be your responsibility but the ceiling/floor may be a claim on freeholders building insurance.
So report the issue asp to whoever you pay sc to

The OP has said, there is no service charge, no common parts, no freeholder. It's a maisonette and they each own their half of the building, so OP owns the roof.

ChoChang1 · 02/06/2024 19:53

How bad is the damage? Just the ceiling in one room/area? Is anything else damaged other than the ceiling or it just needs a clean and new ceiling? I wouldn’t expect a plastered to charge more than £300 or so for one rooms ceiling to be replaced. I think it would be kind to offer half of that but also not needed. Would be silly to pay that much excess if that’s the only damage. (Whoever said it was coming down anyway… the wet part could have been cut out and just a patch repaired..)

PloddingAlong21 · 02/06/2024 19:47

They’re being complete bell ends. They clearly haven’t got insurance.

You’ve been polite and tried to be more than helpful and reasonable.

Don’t pay their Excess of £1200 for this supposed ‘policy’ (or the amount it is going to cost them to get the work done, because that’s not an excess!). I used to sell house insurance, seriously that isn’t an excess. Most subsidence claims are like £1k excess. They’re pulling your leg and being aggressive as they’ve no insurance.