water Leaking to downstairs flat - is my thinking correct?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    water Leaking to downstairs flat - is my thinking correct?

    Hi,

    I have read the sticky posts about water leaking downstairs and insurance. I just want to make sure that I am doing this (legally) right as my situation is quite specific:

    - There was water leaking from the under boards of one of the bedroom flats to the downstairs flat (I am the landlord of the flat with water leaking). This has resulted in damages to part of their ceiling and cupboard in one of the rooms.
    - A few years ago I stopped my landlord insurance with a company to get a contract from another one. The problem is, I might have forgotten to get a new insurance contract as I cannot find any traces of the flat being insured (have tried looking at bank account, calling a few insurance companies, no success).So it is very likely that the flat is no longer insured. (not sure if this is relevant anyway but thought mentioning it just in case it is).
    - Both the landlord of the flat downstairs and their tenant have asked me to fix the damage. We are in good terms and have a friendly relationship.
    - The last tenant at my flat left the flat in an awful situation, I am now doing refurbishing including painting of the whole flat.

    Now, I am thinking that if my painters do not charge me too much for adding the downstairs flat to the work then as a nice gesture and in the atmosphere of friendship I will cover the fixing of the downstairs flat as well.
    However if they charge me too much (like above 20% of what they charge for my own flat) then I will explain the law for the landlord downstairs and advise her to do fix her own flat and claim it on her insurance.

    Does this make sense and am I doing anything wrong (either legally or morally)?

    Appreciate any advice and helpful comments.

    Paul










    #2
    First of all, I assume the leak has been rectified to prevent it happening again. Secondly, get your Landlord Insurance sorted ASAP in case something worse happens!

    In terms of repair to your downstairs neighbour, you are unlikely to be legally negligent and ultimately this is what the downstairs landlord has insurance for. Taking my insurance hat off and in the interest of keeping what appears to be a good relationship, your offer to repair downstairs seems reasonable, however if the cost becomes too much and you have to suggest they claim on their insurance, then maybe an offer of paying towards their excess as a goodwill gesture is a good idea?
    Steve Smith - Company Director at a leading Landlord Insurance broker with 20+ years experience in the industry
    LandlordZONE Verified Poster and Topic Expert for Landlords Insurance since 2009
    See my profile for contact details

    Comment


      #3
      Originally posted by paul332 View Post
      am I doing anything wrong (either legally or morally)?
      I think you know the answers, don't you Paul?

      Legally, no. Morally, yes.

      Comment


        #4
        Hi Paul

        as per the advice from a suburban, the onus is on the owner of the flat below to prove that his damage was as a direct result of an act of negligence on you part.

        however in keeping good relations there is no harm on paying for their repairs or policy excess. just ensure to stress that any payments are on a without prejudice basis and purely as a gesture of goodwill

        the claims handler

        Comment


          #5
          Sorry for the late post, I was away. Just wanted to say thank you for the helpful advice. I will see if I can cover the fees as long as they are not excessive and yes paying for the excess seems like a good option.

          Paul

          Comment

          Latest Activity

          Collapse

          • A slightly more complicated water damage issue
            davebhoy
            Hello

            I own and am the landlord of a flat. The flat below is landlord owned and has tenants, the flat below them is owner occupied

            There has been an issue with a leak from the flat below mine into the flat below his, it has caused damage to the bathrooms in both flats....
            20-03-2019, 21:10 PM
          • Reply to A slightly more complicated water damage issue
            jpkeates
            It's one of those situations where the widely held belief, that it's always the responsibility of whoever had the leak who ends up paying for the damage, is wrong.
            But it's so widely held that lots of people pay out and it starts to become true.
            22-03-2019, 15:04 PM
          • Reply to A slightly more complicated water damage issue
            Gandolf
            If its a leak from radiator and went though 2 flats and is visable im sure you will have noticed, you would have had to top boiler up and bleed radiators. Hes trying it on already said hasn't got insurance so hes blaming you
            21-03-2019, 18:43 PM
          • Reply to A slightly more complicated water damage issue
            davebhoy
            Thanks very much, I'm going round to have a look this evening, and I'll be calling a plumber tomorrow and speaking to the insurance company once I've spoken to the plumber

            the flat below and is already talking about who pays and the flat below them is talking about liability already....
            21-03-2019, 17:10 PM
          • Reply to A slightly more complicated water damage issue
            jpkeates
            There's no default liability for a leak.
            Leaks happen, and unless there's been either negligence or a deliberate act to cause the leak, the question of liability doesn't arise.
            And as there isn't really anything anyone can do to "maintain" pipework, negligence is a bit of a stretch....
            21-03-2019, 14:34 PM
          • Reply to A slightly more complicated water damage issue
            buzzard1994
            You can get a leak from a bedroom if the bedroom has a radiator. I have experience of a leaking central heating pipe under floorboards causing damage to a room below. It was a real pain to find as at first it appeared to be penetrating damp. You can also get leaks running a fair way under floorboards...
            21-03-2019, 10:29 AM
          • Airbnb Insurance cover.
            Phizzel
            I rent a cottage. My tenant has asked to use a room for Airbnb for holiday lets.. My insurer has said it will negate the Cover they provide..They will cover for a lodger but not for Airbnb.. I rang another Insurer who provide cover but only if Airbnb is being provided within where the homeowner lives....
            20-03-2019, 16:31 PM
          • Reply to Airbnb Insurance cover.
            ashburnham
            Airbnb not a problem but as the tenant want to arrange it, it falls under the "sub-letting" category which makes most insurers run a mile. Think you will have trouble getting the cover you need, coupled with other potential issues as per above post, I think this is more hassle than it's w...
            21-03-2019, 10:26 AM
          • Reply to A slightly more complicated water damage issue
            ashburnham
            I would just relay everything in your post to your landlord insurer. I do not know the extent of coverage on your insurance policy but things that will help are:

            "Trace and Access" cover which would cover the locating and repairing of the leak
            "Property Owners Liability"...
            21-03-2019, 09:58 AM
          • Insrance cover for leaseholder
            gmt4114
            Hello, I inherited a
            downstairs
            flat in a typical terraced street, I also am the leaseholder for the upstairs flat, I receive no benefit for this I think the term is peppercorn lease. I have asked D Line for a quote on the flat I own and they have quoted me for this but they said I have to have cover...
            20-03-2019, 14:51 PM
          Working...
          X