Buildings Insurance - who pays the excess here?

[MrsKlugscheisser]

Small block of flats. B are on the first floor and are having their flat completely renovated, having just bought it. C is on the floor above. C's shower leaked into B's flat after it had been renovated, and B claimed on the buildings insurance (which fixed the damage to their flat from the leak and also fixed C's plumbing problem). All well and good, B and C both happy. But a problem is that there was an excess of £500 on the insurance, so who pays this? Does C pay, as it was his problem, or is it a charge to the management company (which is run by all of the flat owners as they own and run the block).

C says (well he would!) that the management company should pay. This means that A, D and E are effectively liable for the part of the cost of C's shower leaking (5 flats, so £100 each). A, D and E think that C should pay the excess. Who is right, legally? Whatever the outcome, the premium is going to go up anyway.

A, D & E shouldn't be liable at all.

Whst does B think?

I reckon C should pay. He should have claimed for his own plumbing problem but presumably they did it as one claim to limit the excess?

What does B think?

As a managing agent I would pass the cost back to C. It was as a direct result of the shower in their flat leaking, and the lease will say that they have a responsibility to maintain demised pipe work.

C is liable.

His shower leaking was the cause of the damage!

Wow - thank you for the speedy response! That seems pretty unanimous!