Washing Machine leak

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    Washing Machine leak

    Hi All

    QQ

    I own ground floor flat in maisonette and own share of freehold with the upstairs neighbor. we both own the share of freehold.

    There are only two flats ( ground floor and first floor)

    Last week the upstairs washing machine waste pipe break due to Washing machine unbalance ie Vibration. it flooded the ground floor and damage decoration and laminate floor. the upstairs flat owner is not willing to pay for damages caused and ask me to contact my insurance as we both have our own separate building insurance.

    I know its hard to prove that the washing machine wastewater pipe broke due to negligence ie They did not balance the washing machine properly and my tenants were telling me the whole building was shaking when the washing machine was running. but i want to know what are my chance to able to sue the upstairs neighbor for damages caused to my flat and my Tennent furniture? Ie should i pursuit this with a solicitor

    Second - Do I have any legal right due to being the share of freehold owner, I have seen the following in our lease title

    "Not to do or suffer to be done upon the demised premier anything which may be or grow to be damage to the lessor or the tenant of the lessor "


    Thanks All



    #2
    If you have insurance ask thier advice. My insurer would fix the problem and chase who they thought liable.

    Comment


      #3
      Only the freeholder as a whole can take legal action in regard to breaches of the lease, and I doubt the other joint freeholder would be willing to approve the action.

      Generally, I think that your chances are negligible.

      Comment


        #4
        Just put the whole problem in your insurer's lap. Maybe upstairs can be persuaded to reimburse your excess if you ask politely.

        Comment


          #5
          Normally the insurance company will only allow the named policy holder to make a claim under their insurance policy.

          So you must claim the cost of repair under your own flat's policy if the "joint freeholders" are not covered under a separate insurance policy for the entire building .

          The alternative way is to submit a claim in the small claims court. See comments in another thread about washing machine leak started by flashback. .

          Comment


            #6
            Originally posted by aminta View Post
            I know its hard to prove that the washing machine wastewater pipe broke due to negligence ie They did not balance the washing machine properly and my tenants were telling me the whole building was shaking when the washing machine was running. but i want to know what are my chance to able to sue the upstairs neighbour for damages caused to my flat and my Tenant furniture? Ie should i pursuit this with a solicitor
            I don't think it's hard to prove negligence, I'd say that it's next to impossible.

            It's never happened before and pipes do leak.

            A solicitors letter might get the upstairs neighbour to make some kind of offer regardless.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              I don't think it's hard to prove negligence, I'd say that it's next to impossible.

              Even though i can prove the washing machine has not been set up properly ( ie vibration and shaking ) and vibration was the reason waster pipe was broken and cause a leak

              Thanks

              Comment


                #8
                If you can prove it, your chances would be very different.

                Nothing you have posted so far has indicated that you have proof, just a (strong) belief that the vibration was the cause of the problem with the pipe and that the vibration was due to the washing machine being incorrectly balanced.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  The Upstair neighbour in the letter confirmed the leakage was due to the broken washing machine waste pipe and he is sorry for decoration damage.

                  Based on my discussion with my tenant which he is happy to testify in court, The upstairs washing machine was shaking the whole building every time it was on and in my opinion the most probable reason behind the waste waster brokage

                  I know I am pushing it but what is your opinion, can I add the above two and have a credible defense in small claim court. when I had chat with builders, they highlighted that's the number one reason the wastewater break in the washing machine.

                  Thanks

                  Comment


                    #10
                    There's nothing stopping you making a claim, it doesn't cost a lot and it's possible the upstairs tenant might settle or at least make an offer to avoid court.
                    Same if you get a solicitor to send a letter making the claim.

                    There are a whole chain of things you'd have to be able to persuade a judge were more likely than not.
                    The upstairs neighbour owed you a duty of care, so was the washing machine installed without a reasonable level of care, did that lack of care cause the pipe to break and was the flooding reasonably foreseeable as a consequence?

                    The letter from the neighbour admits it was the fault of the pipe, but the rest is up to debate.

                    If the most common cause of waste leaks is installation / balance issues, it might be hard to show it was negligent, if it's a common issue.
                    And that's where I see the biggest problem with the claim - all the tenant's got to argue is that the washing machine didn't wobble that much and the pipe just broke or came loose over time.

                    But there's not a lot stopping you making a claim.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment

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