Paying repair to neighbour property

[anothernewuser]

Hi, we live in a flat and a few days back our washing machine started leaking. We only discovered it when downstairs flat owner came to say that there is a leak on their ceiling and walls. We've paid for leak repair and now have to pay for redecoration of that flat and I accept this responsibility. The dispute however is about the cost of repair - they invited the painter without agreeing the quotation with us and having done a quick check I have a reasonably lower quotation for the same job. Our insurance doesn't cover 3rd party damage so have to pay cash. Where do I stand in terms of disputing costs? if it makes any difference, it's not a council block.

Doesn’t their insurance or the building’s insurance cover it?

Premiums for building insurance is higher than the total cost (which is a separate topic, they never cover anything from this insurance).
Because the issue was caused by my property, even though it wasn't my fault, they will surely recover the cost from me and I can't do anything here, but I'm trying to understand where is the line regarding the cost itself

It's their problem, not yours. If it is lower than their insurance excess then they pay it.

Insurance is not relevant. It doesn't magically take away liability. If the downstairs flat owners went to their insurance company, their insurers would be able to chase OP for the cost of repairs.

OP - they are required to minimise their losses. You can dispute the cost. Of course, that will impact your relationship with your downstairs neighbours, so you need to think about whether it is worth it.

When my bath leaked into the downstairs flat, the block buildings insurance paid for repairs at no extra cost to either of us. I don't understand why yours doesn't?

Managing agent refuse to put it on building insurance and by leashold agreement I'm liable to pay, I'm not disputing this. What I'm trying to understand is how the cost of repair is agreed.
@prh47bridge do you know of any links where I could check their duty to minimise the cost? The relationship doesn't exist anyway, they are pretty awful

It is a well established principle in law. Google "mitigation loss".

This is absolutely not true.

This is probably more a contents insurance issue than buildings.

Arguably, your neighbour should have obtained multiple quotes rather than one. I'd get a second quote and see what that comes out at and if it is lower than the decorator your neighbour is using, offer to pay the lower rate. Ultimately though, try and avoid getting into a dispute. A neighbour dispute isn't worth a couple of hundred £££.

Thank you, will definitely check mitigation loss

I do know that I'm liable and not trying to dodge it, there def would be a court case if I did

They’ve probably got a “mate” to quote high as you are in a no win situation. However if you get a quote and use your contractor, they will complain and complain! I would just pay up and accept no further claims after the work is completed. Has the ceiling dried out?

We need to get 3 quotes for our insurance to approve work. Could you get 3 quotes and pay for he middle cost one? If they’ve used someone more expensive, they’ll have to swallow the cost?

Mate quotation and potentially more work than strictly required for remediation.
They told me that the work has been completed already. I'm also struggling to get more quotations as any builder would need to visit property to give one and train's gone now anyway.

@anothernewuser
It stinks doesn’t it? People are just shysters.

This can’t be right. Damage caused by a leak a few days ago can’t already be repaired. You have to wait for everything to dry out before redecorating.

They are pulling a fast one on you.
No way it could already be painted as won't be dry as pp already said.

Perhaps you could tell them you need to take pictures so you can claim on your own insurance and need to see the damage yourself.
Obviously they won't mind at all will they.
Otherwise you won't be able to pay...

They would have needed ensure everywhere was dry before redecorating so doing it so quick runs the risk of further damage appearing.
Totally normal to need 3 quotes and agree on one.

But am surprised insurance isn't covering this they claim on theirs who then claim of yours.

The OP's posts indicate that they don't have separate insurance. There is a building insurance policy which is held by the managing agent, but the agent refuses to claim.

Gosh the stuff folks post.😱

op did you see the Damage and have you seen it repaired?

I've seen the damage and I know it was repaired. I as explained before, insurance question is irrelevant here. What is relevant is the amount payable for repair and if the owners had a duty to discuss this amount with me. If it goes to legal, what are my rights and where can I seek legal advice (for free)

They have no duty to discuss it with you, no. You can argue that they've overpaid if you're able to show that they have - really it would be for your neighbour to show that what they've paid is reasonable but realistically in order to resolve this, you need to try and:

1. Obtain quotes for the work needed so far as you know what it is - any chance you took photographs?

1. If you obtain quotes for a lower sum, argue that your neighbour failed to mitigate his loss in failing to obtain more than one quote and that you will pay him x amount based on whatever quote you've had.

Be prepared for an argument but if the difference between your respective figures isn't too much, consider paying it to avoid a protracted dispute.

You could also refuse to pay anything until your neighbour provides several quotes showing that what he paid was reasonable. Doesn't sound like that will happen and depending on how much money you're talking about, could end up with your neighbour issuing court proceedings to get the money back.

Thank you @Kirinm, that's exactly what I need to know. I have photos and have lower quotation. (Luckily) I've never been involved with court - if they go down this route, will they be able to claim their costs incl legal? The amount it not too huge for them (they are landlords and renting out that flat) but important to me

@anothernewuser whether you pay costs depends on the extent of the loss. Anything under £10k would be a small claims matter and costs aren't generally recoverable in the small claims court. You may be responsible for the court issue fee and court fees generally if it were to get that far.

Have you brought it up with the neighbour? Mentioning that the cost is much steeper than expected will probably prompt them to explain why. Maybe they needed to go looking for an unusual Farrow and Ball or some of the wall was damaged behind the plaster.