To ask neighbours to pay?

[didihearthatright123456]

We have a fairly odd shaped house, it’s 1920’s, used to be one big house but now split into 2. Our downstairs toilet is underneath one of the neighbours bedrooms.

We recently had a leak in the downstairs toilet. We ended up taking half of the ceiling down to locate where it was. Turns out it was a leaking pipe underneath neighbours upstairs landing. Even when I told the neighbours we’d located it they insisted it wasn’t their pipes until I insisted they came around to see for themselves.

Once seen he accepted that leak was their issue and they sorted it. Problem I’ve got is that I now need a new ceiling as well as having to redecorate. Neighbours have gone AWOL since they fixed the leak.

AIBU to expect them to pay for the damage & repairs? I’m terrible with confrontation but really don’t see why we should pay for it. And yes I could claim on the insurance but surely if it’s their leak they should be claiming on their insurance?

Should I just pull my big girl pants on and ask them to pay?

Of course they should pay!

Their insurance will pay, surely. That's why they have insurance, right?

Their household insurance should cover it.

Notify your insurance company and seek their advice. It's usually best to let the two insurance companies sort it out together.

So you live in a flat, and a leak from the upstairs flat damaged your ceiling? Yes, absolutely they should pay. If they don't, then you can send a letter before action

No it’s a house but just oddly shaped as it used to be one house but was split into 2 houses many years ago.

Good advice about contacting our insurance & asking for advice, thanks!

You're welcome and good luck getting it sorted.

Contact your insurance and let them sort it out .

Calling it a house is confusing, when in fact, it is under someone else's property. At best it is a maisonette, or a 'half house'. I'm not arguing about semantics for the sake of it, it just makes your living situation clearer. Good luck with getting it sorted

Lol definitely not a maisonette as I’ve already explained, it used to be one very big house then was split into two. It is a large 4 bedroom property, the only part of the house that is “under” the neighbours is the downstairs toilet.

I think that's called a flying freehold.
Yes tell your building insurers, they will reinstate and pursue your neighbour's insurers for recovery.

Contact your insurance.
To put it in context, if you had a car accident you would deal with your insurance company and they reclaim the costs from the other party. I think it’s the same with house insurance

Oddly OP, I have a similar situation and honestly don't know without going legal what to do. I live in a terraced house built in the late 1800's. Turns out a neighbours pipe runs over my dining room, the pipe burst and it cost me a few hundred for it to be mended, my ceiling and wall still need fixing. They own the pipe that runs through my property, yet I had to pay for the call out as my dining room was being flooded.

You have a flying freehold by the sounds of it and one of the problems with them is the enforceability of positive covenants such as repair.

Hopefully your conveyancing was done properly and you have a direct deed of covenant between you as respective owners?

Does your insurance company know it's a flying freehold?