I caused a water leakage downstairs, what is fair way to solve it?

[orangeN]

Hi ladies, please help me with this.

Today my downstairs neighbour told me they suspect there is water leak coming from my flat. They called out a plumber and plumber said it’s from upstairs and the callout fee was £70. They said they tried to knock on my door but no one answered, I was at home didn’t hear anything though.

Anyway, when I was informed I went downstairs and looked myself, their ceiling is pretty bad see photo. The ceiling is below my hot water tank storage room, so I went back to my home, the leakage is 100% invisible from my storage room as the carpet is completely dry . However, later I find out there are drops of water coming out from the joint of the tank from the back, but I need to rip off my carpet to know that.

I called plumber straightaway, I’m absolutely happy to pay for fixing the leakage in my flat and pay some towards their ceiling repair.

However my neighbour wants me to pay for everything including the initial plumber call-out fee, but my thought is neighbour let out their flat and damage is clearly developed through a long period of time. Their tenants or management company also have a duty to care and let me know there is water leak sooner, thus the ceiling wouldn’t be so badly damaged. I feel somewhat is unfair for me to pay for everything.

Am I being reasonable ? Any advice would be appreciated

You're being unreasonable, the leak was from your flat so you should pay all the expenses including plumber's call out charge.

Your insurance should cover everything for them, you might have to pay the excess that's all. Have you not spoken to your insurance ?

Do you own the flat, and do you have home insurance?

If yes, it should cover the damage to the neighbour's as well as your flat.

I think it’s on you, all of it. Check your insurance, it might be covered.

Hi I don't have a separate insurance for my home, but we do have a building insurance for our block of Flats. Guess I have to pay for the excess anyway not sure if it's worth it and will increase the building insurance premium

insurance definitely and home and buildings I would check both

thsy said si should the neighbour snd if it is empty have insurance that covers that

I only have building insurance for the whole block of flats

I think the building policy might cover it all, speak to your management Co

They would need to claim on their building insurance. That's how it works. Even if the leak was caused by an upstairs flat.
So if it's the management company who have the buildings insurance then the claim would need to be on that

The buildings insurance should cover the damage but not the cause.

Unless you want to sort it yourself of course but that's up to you

I've lived in flats for a long time and where I live this would definitely be your responsibility.

Consult your insurers or go via the building managers on whether or not you are covered. Perhaps ask the landlord downstairs to ask tenants to report issues sooner and to pass them on to you faster to minimise the impact, but I'd try to maintain good relations with them as their next tenant may not be an ideal neighbour...

Thanks. I have heard something like this. Do you know how this work? After they claimed via their insurance, do I need to pay back any money to them or insurance company? They rent out their property so they must have a separate insurance I guess ?

I would like to solve it fairly but of course try to avoid paying unnecessarily because I now need to change my boiler for a thousands at least. ...

You're not being unreasonable. They have known about a water leak for sometime and done nothing to alert you. And then rather than come talk to you they called out a plumber. Either they thought it was their leak and so should pay the call out fee. Or they knew it wasn't and called one anyway which again they should pay. They can claim on the buildings insurance for damage

Of course you should pay for all of it. You caused it!

That’s not how it works. Their insurance covers their flat, OP’s insurance covers hers.

Sadly we have had several leaks in two different properties, and that is what all the insurance companies have said (4 different ones, Halifax, Nationwide, Direct Line and whoever our first neighbour was with).

Is it just their ceiling that's damaged? Ie not the tenant's contents?
And it's all under one block policy for the whole building? Under the management company name?
If that's the case it will just be one straightforward claim anyway to be honest.
Because it's just one policy.
The insurance company would just pay out for the damage minus any excess that may be applicable

To be honest, that's how I feel. I feel apologetic but same time I feel they haven't done their part. Just figured out how to post a photo but you can tell this developed over months if not years.

How long has it been empty for if they haven’t noticed it

When this happened to me (I was upstairs) my downstairs neighbour claimed on the buildings insurance via the managing agents. I only had to pay to repair the leak (i.e.the cause) myself.

Is the photo of their ceiling . Hard to see where that is with the pipework

Buildings insurance won't pay for resolving the source of the leak but will for consequential damage to the building ie. Ceiling. However if any contents have been damaged that is separate. Out of goodwill you should reimburse the £70 .

It's just the perils of life really, that you can have a leak from upstairs! Would be good if it wasn't!

Yea! Good idea, im happy to do that