Leak damage from property above; Does the landlord pay for damage to my property?

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    Leak damage from property above; Does the landlord pay for damage to my property?

    Hi
    The flat above my flat has had various leaks over the years and I had not seen any damage to my property below. However just recently there was a large leak from their bathroom, which caused water damage to walls, plaster and painting, Quite a lot of water entered the property. It has taken three weeks to completely dry.
    I had not realised my landlord insurance had lapsed the month before. I have asked the landlord above to come and look at the damage and to repair as the leak was his fault.
    I am in a selective licensing area and was considering reporting him. He has mentioned that he will come and take a look at the damage to the property with his builder/contractor but if it is too much he states we should claim on insurance. (I haven't told him my insurance has lapsed).
    What is the best way to approach this situation? Thanks

    #2
    Do you not have any insurance provided by the freeholder?

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      #3
      my landlord insurance has lapsed, which i hadn't realised. I'm the freeholder of my flat.

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        #4
        You need to prove negligence -can you? How do you know the leak was"his fault"

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          #5
          Oh I see. He had work carried out from his plumber. I had initially thought since he owned the prop he was responsible for the leak. Where does it leave me regarding the damage?

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            #6
            Since your LL Building Ins has lapsed, unless you can show upstairs. LL was negligent, you may have to pay for repairs out of own pocket, & anything else previously covered by your Ins eg Third Party Liability.

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              #7
              Thank you for this

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                #8
                Was the plumber there to repair an existing leak or did they,for example,leave a pipe unconnected or leaking? Unless you were present to see what the problem was the plumber is unlikely to admit to it. Normally you'd claim from your own insurance.

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                  #9
                  It does sound harsh that you would have to pay, negligent or not...... the water came from above, not your own sink/bathroom.

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                    #10
                    Originally posted by Hudson01 View Post
                    It does sound harsh that you would have to pay, negligent or not...... the water came from above, not your own sink/bathroom.
                    Yes that cant be right, so if two falts above me have water escapes I would be liable twice, sorry it cant be right!

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                      #11
                      Yup, it is like that for pretty much everything.

                      If the neighbour comes around to your house for a visit and accidently knocked over your brand new flat screen TV, you cannot force him to pay.

                      For properties

                      If there was a tall tree in neighbours garden, and one day it fell on your house during heavy winds, you claim your own insurance.

                      If there was a fire in your neighbours house and parts of your house gets burned, you claim your own insurance.

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                        #12
                        Does neighbour have any liability insurance?

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                          #13
                          Have a read of these two threads: https://forums.landlordzone.co.uk/fo...leaks-in-flats

                          https://forums.landlordzone.co.uk/fo...ays-the-excess

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                            #14
                            Wow..... seems harsh but it shows the importance of having good and up to date insurance.

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