Aibu to say im not paying?

[tiny2278]

I own a flat in a building managed by an outside company. More than 6 months ago our corridor was damaged by a leak from another flat. Ceiling, lighting fixtures, carpets and walls all damaged. The management company promised to fix but haven't mentioned a word in months. I emailed today and they said each flat would be required to pay £400 pounds each (5000 in total) to get the place recarpeted and painted.

First of all that seems like a rip off for one corridor. Or maybe they mean to do the whole building this wasn't made clear.

Secondly, why should any of us pay? Either the management company who is responsible for that areas upkeep or the insurance of the flat who caused the leak should pay surely not innocent homeowners who happen to have to walk through the corridr.

They are taking the piss. They wouldn't get one red cent out of me.

They'll only whack the costs on to your service charge most probably.

I'd start a paper trail now insisting its paid for by the insurance of the flat that did the damage.

I too agree that the insurance e of the flat that had the leak and caused the damage should pay. When we lived in a glat, we had similar happen but to our own flat. Insurance of flat above that had the leak had to pay for repairs. I do wonder if your managing agents dropped the ball on that.

The management company owns the common areas, correct? Then it's up to them to pay for repairs or go after the insurance own by the flat owner where the leak happened.

Usually in this situation, you would need to claim on your own buildings insurance and ask them to seek a recovery of the costs from the responsible party’s insurance. However in a block of flats, I believe there’s only one buildings insurance policy taken out by the landlord or management company. So no, I don’t see why you’re being asked to pay at all.

I'm not sure the flat insurance would pay out for damage in the communal part - the corridor. I wouldn't expect that to be covered - it depends. I would assume it's the freeholder's insurers who should pay out, though I'd expect them to try to wiggle out of it.

Are the shared areas owned in common? If so it’s usually the case that the cost of necessary repairs is split between all of the owners. It depends on the title deeds or mangement scheme, however. If that is the case you can claim your share on your home insurance.

The flat that caused the damage should pay - insured or not - they were responsible. And yes K5 is a bit OTT for a painter decorator and carpet fitter - even if you are paying someone to organise that

Usually in this situation, you would need to claim on your own buildings insurance

Flat leaseholders don't have buildings insurance, the management company buy that on behalf of the freeholder.

when you purchased flat there would have been details about management and costs. Please go back and read carefully BUT if other flat above caused damage there would be some claim against them surely unless there was a fault by the main water pipes owned by the company rather than individual pipes within each flat However this does not seem right - send email to management office carefully marking on top of email the bit which notifies you when it was read! Ring first to query this and get contact email & name of individual -

I would have though there should be something from insurance for this.

But that apart, if your management company is asking for any money for repairs or maintenance of any kind on the building they can't just send you an email stating you need to pay x amount.

They need to get estimates, which I'm pretty certain you have to be shown, and then give you a breakdown on what's being spent and the amount each thing is costing.

They can't just say to you this is going to cost £400 each, hand over the money.

Thanks everyone for your replies. I am going to have to chase this up. No way can I afford £400 out of the blue and for something wasn't caused by me .

How big is this corridor? I’ve just had a two storey stair case and 2 landings including 9 doors painted (both side and two stories of banisters) and carpeted for less than 2.5 k

No way should you pay

They need to serve a Section 20 Notice for works over £250 per flat. Have they done that?

Usually, the buildings insurance would be taken out by the landlord/ managing agent but check your lease.
The premium is paid through the service charge. A claim should be made and then there is an argument about who pays the excess (unless it is set out in the lease).
Basically - read your lease!

Get your insurance to claim from the other party for damage to your place. The management co should go thru insurance too, cheeky bastards

It ought to be covered by the block policy for the common parts. Assuming for some reason the managing agents are doing something different, ask them about the S20 process and see what they say!

VanGoghsDog evidently you isn’t read the rest of my post.

Didn’t

This happened to us but we were the flat that leaked. (I’d accidentally not shut a tap properly) The building insurance held by the freeholder paid and we paid the excess.

Agree that your managing company should have buildings insurance. Your service charge should include your portion of the premium.
If they haven’t got it in place they’re liable to pay for the repairs themselves, not charge the leaseholders. My guess is they’ve ballsed up the insurance or forgotten to renew it so are trying their luck.
I hope you get it sorted.x

That's very cheeky of them. THere are two insurance policies that should be involved here, the flat where the leak originated should be using their insurance policy and your management company would have a building insurance policy as well, part of your management fees go towards paying for this policy.

I would get together with other flat owners to protest this and demand an explanation from the management company also demand to see the building insurance policy etc.

Are you leaseholders (own your flat but pay rent to freeholders, maybe via company) or freeholders(you own part of the freehold) in any case insurance for common areas is with management co. If you are leasehold inform freeholders. If you are freeholder, inform other free holders, ask for a meeting with mgt co, they are havin a larf