water Leaking to downstairs flat - is my thinking correct?

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    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

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      #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.

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        #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

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          #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

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