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.

Surely their household insurance would cover this?

Their insurance does cover this, however, they wouldn't claim to avoid raising premiums. Given that by contract it's our responsibility to cover repair they won't even consider such option.
I wonder what's my legal position - can I only pay for that lower quotation, or does it have to be the one they provided? what the legal process of resolution here?

Report your thread and ask to be reposted in legal.

You won't get proper answers on this board.

They could take you to court for the damages (cost to repair). They would need to show it was reasonable via usually 3 quotes. Did they get three quotes?

@Rollercoaster1920 that's exactly what I'm trying to understand - I'm not disputing the fact that I have to pay, I'm challenging the cost. They didn't share 3 quotations, just sent me a message stating total amount. The amount is not completely off, however, there are definitely cheaper options available from builders with fantastic reviews

Find out what the going rate is and offer to cover that. You only have to put them back in the position they would have been in if the leak hadn’t happened, this sounds like betterment (where they try and get you to pay for something better).

Is there a reason they can’t use a paint roller and does it literally say in your lease that you have to pay for a decorator specifically rather than the cost to redecorate?

So ask them for the quotes they received, and say the cost they are asking for seems high. If you have a couple of quotes then you have a counter argument. You then negotiate.

I have had this from both sides (we had flats above and below us). I discovered when we were flooded from above that I would have to take her to court to reclaim costs. Fortunately her letting agents were more reasonable and we came to agreement. When our flat leaked into the one below she wanted her son’s firm to fix it for a ridiculous fee. We got three quotes and offered her the amount of the middle one. She refused at first so I said fine, you will need to take us to court. She accepted then and was weirdly fine with us after that.

If it’s not that far off your quote I’d just pay it. I know it’s not your fault but it will help neighbourly relations. If it’s far off I’d offer a reasonable amount and then leave the ball in his court.

That's exactly what I tried - asked for their quotes and shared my one which is reasonably (to me) lower.
They def didn't try to have more quotas and from the one they shared I can't be sure that they aren't redecorating the entire room instead of affected wall.

I'm not sure what are the next steps though

They can’t just paint one wall, it will look really obvious. We had to have the whole room repainted.

It’s fair enough for them to expect the whole room to be repainted because just having the ceiling and one wall down will look odd.

They should be getting three quotes though and getting you to agree before they proceed.

@Mapleapple not exactly - I can't give all details as too outing, but it's definitely one wall only.

Well then I think all you can do is get your three quotes and offer him a reasonable sum (ideally over email so you have proof) and leave it with him.

Have they shared who gave them the quote?

How much is the difference?

I don't understand why they aren't claiming on their insurance. You shouldn't need to pay anything unless things are different from Scotland where you are. This risk is the risk of living on a flat.