Scenario...the flat above has a kitchen above the flat below which is a bedroom..The flat below has damage to its ceiling and walls , water escape.The water excess is £500 so the bottom flat tried to contact the flat above to tell them about the leak and managing agent who have refused to let the tenant access to the insurance broker to make a claim. So they are stuck with the repairs and having to go to court etc as they cant get any help from the managing agent, brokers or the directors because they are all obstructing access. Is this legal?
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Who's who in this scenario?
The "bottom flat" is part of a building and wouldn't be able to make a claim.
So, who is the occupant of the bottom flat and what is their relationship to the freeholder and their management company?
What does the lease say about insurance and why does the owner of the bottom flat think they have a claim on it?
What caused the ingress of water and has the cause been addressed?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). -
Yup that is the way it works. Who is going to court (and vs who) and on what basis?
The basic principle of water leaks in flats from the point of view of insurers (paraphrased) is that anyone can cause any damage they like and whatever happens nobody is responsible unless someone can *prove* the damage was *deliberate*, the only winner is the insurance company, and if the thing is repeated later insurance will be declined.Comment
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Flat on the ground floor came home and saw water damage to her ceiling and wall so she called the Managing Agent who tried to get hold of the flat owner above..
The flat owner above said that the leak had been fixed but did not say what the source of the leak or cause was...so the ground floor flat tried to make a claim on the building insurance and the managing agent said it's not in the communal area? That it was a neighbour dispute.
So the ground floor sent the flat above a letter asking them how they are going to remedy the damage and tried to speak with them, they ignored her and walked off...
So the ground floor is going to get hold of 2 quotes for the work and send them to them saying pay the trades person or she will get work done and take it to the small claims court to recover her lossesComment
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You are indeed correct but only in part; I manage a top floor flat for an overseas client, several years ago there was ingress of water into the second bedroom and because there were no breaks installed the Insurance Company fully covered the replacement of the floor; great but three years ago the same...03-07-2022, 15:25 PM
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Hello everyone,
I am a leaseholder in a purposed built block of flats that has 16 flats. The freeholder appointed a company to manage the building and communal areas.
The service charge that we (leaseholders) pay to the managing company includes a Building's Insurance. My questions...30-06-2022, 11:04 AM -
But a wood floor that buckles would be considered structure and covered...02-07-2022, 21:49 PM
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In section 6(a) clause (1)(v) The landlord covenant to maintain the water pipes and drains (but not inside the flat).
So water leak originating inside the flat is repaired and paid by the leaseholder.01-07-2022, 12:57 PM -
if for example everything above floor joists in an upstairs maisonette was demised to the lessee, ie to include all structure then the lease would be perfectly okay even if not in accordance with Council of Mortgage Lenders preferences. Generally lenders dont like leaseholder to insure covenants, but...30-06-2022, 23:35 PM
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Here are the two remaining lease sections that I refer to in my questions above....30-06-2022, 20:13 PM
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It is still a nonsense. It is asking lessee to insure a portion of something which lessee cannot insure....30-06-2022, 20:13 PM
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Apologies, for some reason the photos I uploaded earlier were too small...30-06-2022, 20:10 PM
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Your lease makes no sense whatsoever and was drafted by an idiot.
Insure the "interior" to a value of a 1/16 of the whole "block" - what the hell.
The building sounds effectively uninsured.
etc......30-06-2022, 18:37 PM
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