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

The neighbour may well claim via their insurance but they have an implied right of Indemnity against the OP who will have to reimburse them or her insurers reimburse them because she has the legal liability.

Whilst you understand the practicalities you do not appear to understand the underlying legalities.

Thank you @Drunkenelephant and @purpleme. I will contact the building insurance first tomorrow and start from there.

It. Is. A. Tenanted. Property.

The OP is not liable, even if the pipes are found to be falling apart due to poor upkeep. It would be the landlord in that case, you are assuming liability with very limited information and assuming the cause is poor state of pipes. You are incorrect, but I am going to be late for work and I feel like I’m banging my head on a wall.

Have a lovely evening.

Yea! I will do that tomorrow!

Yes OK owner of the property from where the leak came. Missed that she was a tenant.

OP if you are a tenant you don't need to be contacting the insurer as you have no standing with them. Your landlord will need to as they own the property.

@DrunkenElephant I can't see that OP is a tenant rather the neighbouring property is

Sorry guys I didn't make it clear, I'm the homeowner and the other flat is tenanted

I think it was clear

I thought I hadn't read she was a tenant but Drunken Elephant admonished me so adamantly I assumed I had missed it hence I went back to reread and was glad I wasn't going mad. 🤪

I think for the sake of £70 I would pay .

Your property caused the damage to theirs. If you had maintained your tank better it would not have happened. Do you have it checked/serviced each year? You need to pay.

My rental flat leaked into flat below. Management company contacted me, I got leak sorted (my cost) and then management company told me cost for repairs on buildings insurance was less than the excess (under £500 iirc) so I paid for redecoration - about £180
The management company should be involved.

Did they involve you choosing the tradesman ? My neighbour just sent me a text and expecting me to pay for £290 for redecorating a 50x60cm size ceiling. Hmmm. Not happy with the way they handling the situation.

Did you say you'd pay?

Yes they did involve me. The letting agents sent round their usual contractor but the people in the flat below wanted a specific paint that the contractor couldn't supply. So I suggested they either get their own contractor or buy the paint they wanted and my contractor could do the work. They chose their own contractor and it was £160

The last time the owner contacted me one month ago, I mentioned to her I think it's a shared responsibility as they didn't let me know about the leak sooner and left it so it's expensive to repair, the neighbour (owner) told me she is going to discuss with the letting agency see if they are also responsible but didn't get back to me since. Today, I just got a sms asking me to pay the call-out fee and decoration fee.
I'm quite mad at her now, as she didn't even think it's necessary to provide an invoice and didn't not involve me finding a contractor if they expect me to pay ! I mean they could just find an expensive one or do some add on jobs then pass the bill on me.

I haven't replied yet

That sounds fair, can I ask when was that how big the ceiling needed to be repaired, does it need to re-plastered?

Agree with you. Don't think it's right what the neighbour's done

Anyone know what's my legal stance in this situation?

I am annoyed how inappropriate my neighbour has handled the situation. Can they hire someone to fix their ceiling without consult me first then just sent out the bill? My plan was let them to decide how much shared responsibility we all have in this situation, and ask them to claim via our building insurance if the excess is too much, consult with me first then find a contractor and share the bill.
Now she just bills me via sms?

I think it is down to you to pay as it is likely buildings insurance excess is greater than that. It is also likely that they repainted the full ceiling to match. However you are quite reasonable to request a copy of the invoice.

Thanks for reply. It's the ceiling in a small storage room for the hot water cylinder I can't remember the size (60x80cm perhaps), so no need to match up. Will definitely asking for invoices

I wouldn't do anything until you speak with the building maintenance/insurance company. I would also defiantly let me have for it all because your neighbour could just keep sending you bills and add one's etc!
You can send them a text telling them not to do anything until the insurance company handle it officially.
You are blaming them for not noticing sooner but if it's in a cupboard they may not have noticed and you should have sorted it out when they contacted you last month.
Anyway sometimes these things happen and they aren't dealt with properly at the time. . Just do it right this time.
Also it probably isn't much difference in the cost of repairing the ceiling if it's small or large as the whole ceiling isn't big. . Wr had to have all ours ripped out and full new one in small bathroom because it's easier to just put a full new plasterboard on there. It's not much money as you have to pay for tradesperson to turn up and do it anyway etc. also could be hidden damage.

*I would also definitely let the insurance company pay ...

I've just had 2 leaks from flat above. They're paying and not involving insurance. They're nice neighbours but I am really fed up at having to sort it out. I fixed the first one and now have to do it again. So I'm happy they're paying but it's a real hassle for me. If they said they weren't happy about paying a £290 bill I would be furious. You caused the leak through poor maintenance and now you're upset they're passing on the bill to you? Have you considered the amount of inconvenience you have caused them too?