Who has to pay this insurance excess?

[wilbur]

We had a leak from the washing machine in our flat (currently rented to a tenant who had friends staying at the time) which went down to the flat below and caused some damage to the decor. The building has 7 flats in it, which are managed by a Management Company that we all share in. The buildings insurance policy is paid for by the management company out of our service charge. Since the leak came from our flat, I took it on myself to sort out the claim form etc for the woman who lives below us, even though we did not put in a claim as the water did not do any real damage to our flat. I now find out that the policy has a £200 excess, which I think should come from management company funds, since they are the actual policy holder. Everyone seems to be burying their heads in the sand about it, clearly hoping I will just write a cheque to make the hassle go away. Anyone know the actual legal position? Am I liable because it was my washing machine even tho it was accidental?

NO, defo management company - it is their policy and their choice to have an excess. UNLESS it specifically states in your leases that a leaseholder will be responsible

Wibur,

although you are not claiming, you may still well be liable.

Also, the property management team have no responsibility in the claim, other than they sort out your insurance.However the person who is claiming will have to be claiming against you for the damage caused, of which you will then be liable for their excess.

Sorry to be the bearer of bad news, but i work in insurance.

Hope that kinda sums things up for you.

Butty.xxx

Aha, the lease - will dig it out (from under two out of date phone books, a pile of dh's "important" papers and three hundred years' worth of bank statements) and peruse. Problem with our management co is that it's self-governing, which is good in many ways, but rubbish when it comes to cash...

Posts crossed, butty. Do I understand then, that even tho this is a joint buildings insurance policy for all the flats there is an individual liability within it? And what does claiming against me mean? Our neighbour has had her claim approved already by the insurers, it's just the excess that needs sorting.

Hi Wibur,

It general terms from previous dealings, the insurers will pay their claim out, but is up to the people claiming to pay the excess, and if they know how the incedent has happened, then they can tell the insurers.

it would depend on whether the people claiming are prepared to pay the excess????

If they are not prepared, the insurers may contact yourself for the excess.

Hope that helps a little.

Butty.xxx

Hope that helps a little further.

Butty.xxx