Leak into downstairs neighbour

[Soher]

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.

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

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

One parcel of land one registered title at the Land Registry

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

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.

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.

@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.

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.

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.

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.

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

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.

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??

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

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

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.

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.