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Insurance query re flat

7 replies

QuestionsOnAPostcard · 02/01/2024 14:21

Please can anyone help us with a insurance query. There are two flats, both owned by landlords, both lived in by tenants, and managed by different property agents.

Upstairs flat left their tap on and flooded the downstairs flat. Damage included decorating and also some wiring work (not sure of details). Two questions - whose insurance should pay for this, and who should make the claim? Is it all the responsibility of the Upstairs landlord to pay, and get their insurance to pay? Or do the Downstairs landlords have to claim from their own insurance.

Sorry if this is a stupid question!

OP posts:
Reugny · 02/01/2024 14:24

The issue with water claims regardless of the landlord involved is the large excess on the insurance.

So the first thing to check whether you are the one who has the damage or caused the damage is what is the excess on the insurance for water damage?

JobMatch3000 · 02/01/2024 15:31

Downstairs claim on their own insurance. It's up to the downstairs insurance company to claim against the upstairs insurance.
I lived in a flat that flooded the two below (boiler burst).

LIZS · 02/01/2024 15:40

Downstairs claim on own for damage unless there is a joint buildings policy. If any contents involved that will be downstairs own policy. The insurer may go back to upstairs' insurer.

IsadoraQuagmire · 02/01/2024 16:04

It's the normal thing for flats to be insured under one policy for the whole building. If this wasn't the case it would cause problems. Someone has to insure the roof/common parts, after all.Only contents policies are usually separate.

QuestionsOnAPostcard · 03/01/2024 09:17

Thanks all! Consensus seems to be that Downstairs landlord claims on their insurance. Surprises me - as I would have thought this means that Downstairs insurance will go up in price, due to no fault of their own... and Upstairs can keep being careless (this is second time bath has been left running) at no cost to themselves!

OP posts:
Reugny · 04/01/2024 04:45

Downstairs insurance will go up in price,

Not if the claim is on block insurance.

and Upstairs can keep being careless

It the landlord of the damaged flat has proof that the upstairs neighbour keeps being careless, the landlord of the damaged flat can see if there is a clause lease about neighbour nuisance and ask the freeholder/management company to enact that.

They can also try to get the insurance excess of the upper flat.

Most people don't bother as it is hard to prove someone is that careless.

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