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

So much bad advice on this thread. Neighbours below need to claim on the block buildings policy. You are not responsible for their excess or the plumbers bill. You are responsible for fixing the leak in your own property. Whether you choose to contribute to the excess or plumbers bill is completely a goodwill decision. For them to claim against you they need to prove that you have been negligent in allowing or causing the leak.

Hi, thanks for sharing your thoughts. When they informed me I did call in a plumber straight away and stopped the leakage to downstairs straight away. It did take another week to change the cylinder and then I found out the plumber changed the wrong cylinder and faulty etc, it took another 2 weeks to sort it out then I found the timer for the cylinder is broken with so many things going on and knowing there is no continue leakage I admit i was exhausted so I didn't chase after my neighbour as she was telling me she is going to discuss with the letting agency.

Anyway she has already done the redecoration now just sent me the bill, I just wrote another email to chase for our insurance details, so I will check how much is the excess then decided what should I do. I agree with you it is likely to be less than the excess.

If the excess is more than the bill, how should I make sure it's the last bill she send me, what else should I do except asking for invoices.

I understand how annoyed it could be, but in real life we still need to liaise with each other, you should involve neighbour to solve the problem, just bill your neighbour via sms without consulting is a bad idea! Accident happens, I acted promptly I think a little communication is not too much to ask! And there are standard procedures to follow, no my neighbour bill me for £370 in total.

To add...call the buildings insures, explain the situation and get their advice. Don't pay anything to the neighbour directly or accept any liability or costs until you have spoken to them. Do get the leak in your own property fixed ASAP.

Thank you Roseharper for clearing my head . Sounds like good steps to follow, as I mentioned although it took 1 and half weeks to change the cylinder, we took steps to stop the leakage on the first day.

btw If the excess is too much, what should I do if it's better not pay them directly?

Just saw this reply, when I google this some people also said the same, a lot of mixed advices though. Just hope the directors will send me a copy of insurance policy sooner

Directors of what, the management company? You should have been sent a copy when you purchased the flat, assuming it is same policy,

hi, long story... but we are self-managed flats at the moment, so we have directors elected to manage the flats. I purchase the house like 8 years ago, are you sure the insurance policy is the same?

Perhaps not but they have a duty to give you the information.

The excess is irrelevant, you can't claim against the fixing of the leak, which is your ONLY responsibility. The owner or tenant of the flat below is responsible for the repairs in their own flat, depending on the terms of their lease, but really how they manage the repairs in their own flat is not your responsibility or concern. Its up to them if they pursue a claim, depending on the excess etc. Its a common misconception that if a leak comes from above then the owner of the flat above is responsible, but legally its not the case. There is no strict liability for water damage, for them to pursue a claim against you they need to prove that you have been negligent, but that's not for the two neighbours to decide, that's an issue for the insurers. I'd contact the buildings insurers, let them know the circumstances and tell your neighbour to do the same. Keep all paperwork and receipts relating to getting the leak fixed in your flat so you can show that you took reasonable steps to get the leak fixed, I.e. that you were not negligent.

OP has had this advice earlier in the thread when it first started.

my bad, I should have kept chasing the directors for the building insurance policy. Ok I got a plan for the next step now. Thanks everyone for clearing my head, will update if there are any progress.

Sorry if I missed this, but how long, OP, do you believe they had the leak through the ceiling before calling the plumber and letting you know??? You seemed surprised by how quickly the damage/mould started. Am I correct that their damage is inside a cupboard, presumably with a door on it? How do you know they even saw the leak inside a cupboard?

I have just been through this- twice in 2yrs! Upstairs bathroom pipes leaked caused damage to our flat. The management company would not allow us to do anything till they inspected- which took 2mths! In a closed, warm cupboard, the mould developed within days. It was black and stank! Luckily, we had someone else to stay. Building management have since changed hands and the excess is now £25,000 and it has leaked yet again- causing the same damage! 😡

Hi, I think your issue is slightly different from mine, as yours is a repetitive problem so I guess you have a different stance.
The tenant lives there even said it must be here for ages when I came down to inspect. And the mould does not even look fresh, more like stains. And plaster was cracked but not dripping with water just a little damp so it all looked like it has been developed for a long period of time.
Anyway I don't think it's relevant now I would just contact the insurance company and follow the standard procedures.

Don't pay anything. Why did they call out a plumber when you weren't there? We're they expecting the plumber to break through the ceiling to find the leak? They can claim on their insurance if they want to.

@orangeN
Oddly enough, my contractor looked at stripping, re papering and poss skimming if needed but their decorator said it didn't need that and just cleaned the area and repainted. It was a very small leak but it had happened over a long time - I had it investigated 3 times and worked on until the final cause was found (not from bathroom plumbing/sealing as thought but a cracked pipe in concrete floor)
It was a full ceiling in hallway, about 4' x 12'.

What a bad attempt at promo for a business. Reported

Same. @SkylineExplorer if I ever have a leak, I can guarantee I will never use some random plumber from Cheshire whose wife goes around resurrecting old MN threads.