Leak in leasehold flat - advice please

[NigellaWannabe1]

Hi,

My husband and I have a leasehold one-bed flat which we rent out. It's in a bloc of flats and we pay a hefty service charge and ground rent for it.

We have recently heard through the owner of the neighbouring flat that there's a leak from our bathroom into his flat. We've repaired that and decorated the affected area in his apartment. The issue is, the leak seems to have happened for a long time and his floor needs ripping out and replacing too. We thought the leak came from our shower but I suppose we now wonder if it could come from the toilet or elsewhere, or indeed from another flat altogether.

Whose responsibility is it to pay for this? We are desperate to get it sorted and my husband has already booked a joiner, but could this perhaps be covered through our ground rent/service charge?

Finally - and please be gentle - we have no contents insurance. This is because when it was due to be renewed, the company (Churchill) insisted that if we paid service charge,etc, then we couldn't take additional contents cover. If there was ever to be a claim, Churchill would not cover it as it'd be the building's owner responsibility. I realise I should have perhaps seeked professional advice, but I didn't. Keeping this in mind can you please give me your best advice.

Thanks xx

We have already asked and the building maintenance team indicate it's our responsibility, but I wonder if they are trying it on. We just want to get it sorted asap. Thanks.

There may be buildings insurance as part of your service charge. If so they should cover the damage to your neighbour but not the leak itself.

Check your buildings insurance and check if it covers trace and access. Identical issue happened with my issue and the insurance covered locating and repairing the leak as well as all the decorating to the downstairs flat as well as mine.

*Flat not issue!

Sorry, I meant we have no buildings insurance for the reasons described above.

The freeholder should have buildings insurance rather than individuals.

Thanks, LIZS. That's what Churchill said. I feel terrible for the guy next door though and don't want him to be hanging around for the building maintenance people to make a decision. Can we bring a joiner round to sort out his flat and then claim it?

Your managing agent should have building insurance for the block. You should see it itemised in the annual financial report they send out with the service charge demand. You may be able to claim, it depends on the cause of the original leak etc. Your LL insurance may cover the reparations under public liability.
You need to get the managing agent to assist.
Interestingly there was a fire in rented flat near us and other tenants had to be evacuated for a few days. When we came to renew we asked the insurers some very searching questions and changed companies.

Thanks, I'll make sure I read the documentation carefully. I'll also do my research on what the best landlord insurance is and take it out on Saturday.

There is a broker who has been recommended on here a few times. Alan something in Norwich I think. They were really helpful -we had tenants who were not working and supported by a charity. Our original LL insurance did not cover them which was a surprise. We went to a cheap on line broker initially but when we reviewed the cover the add ons made it expensive. Pm me if you want me to find details of the broker.

I have a leasehold flat. The managment company takes out buildings insurance and I have my own contents insurance. Not sure why Churchill would have told you what they did.

Peckham, I meant buildings insurance, not contents as I said in error.

Could any of you advise on the best way to approach the maintenance team to get on with the investigations to find the leak and repair it? I've just sent a formula email but I anticipate they will be slow to respond and might avoid the issue.

Thanks a lot, I am so worried.

I would ask the maintenance company for a copy of the insurance policy and schedule—is it possible they might be fibbing to you in order to protect their 'no claims' discount or something like that?

If they are avoiding your communications, though, that is a different problem. Is there a management company for your property? This will be indicated in your lease and will be separate from the maintenance company (the latter are hired by the management company). If so you can find out who the current Directors are from Companies House, and tell the Directors there is a problem with the maintenance company not responding etc. Ultimately the maintenance company works for you as you pay them through your service charges!

I don't think you are responsible for the damage to your neighbour's flat unless you have been negligent, but you might want to check with the Leasehold Advisory service (free Gov't service).

Incidentally, I found this discussion on Money Saving Expert about this exact problem—there is some useful info and links in it if you read through.

forums.moneysavingexpert.com/showthread.php?t=5571990

There is a broker who has been recommended on here a few times. Alan something in Norwich

Alan Boswell. We do our landlord insurance through them. They’re brilliant and consistently top the ‘top landlord insurance’ lists

Some interesting reading here too
www.financial-ombudsman.org.uk/publications/ombudsman-news/58/58-home_insurance.htm

Hi, thank you so much for your links and suggestions, they are really useful. I can't thank you enough! Let me know if you have any other ideas xxx