Water damage from my flat downwards- liable for contents?

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  • Water damage from my flat downwards- liable for contents?

    I wonder if anyone can help me. I won a flat which is fully managed by an agency. Water has seeped into the flat below from an overflowing bath.

    Solicitors acting on behalf of the(I assume)contents insurers of the flat below are threatening to take my tenant to court to recover their losses and are asking for my details.

    I dont have contents insurance as there are none to insure and the building is insured as one building which is why I assume the people below have claimed from there contents insurance.

    How does my tenant stand and is there any comeback to me for his negligence and does my managing agent have to disclose my details to the solicitor?


  • #2
    Nice that you won it, instead of merely owning it by purchase etc!

    You are probably a long-leaseholder, just as is whoever owns lower flat. Building damage is covered by the block policy; contents are covered by whoever insures his/her contents. Refer any claim to the block insurer and let it handle the solicitors' letter; do NOT do it yourself!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3
      Thanks for the advice!

      I do own it but my typing is terribleI



      • #4
        Welcome to the forum Ant...

        This is the age old situation that comes up all the time at the office here. The downstairs flat being affected by a leak from the upstairs flat.

        It is almost always impossible to prove the upstairs flat to be legally negligable in these circumstances (mainly because they are not) and therefore the downstairs flat is the one that has to sort it out.

        The downstairs flat always thinks they are getting the raw end of the deal but that is why we have insurance at the end of the day - to repair our properties when the unforseeable happens.

        As jeffrey says, forward any claim against you, your tenant or your flat to your building insurer and let them handle it. They should handle it whether you are liable for the damage or not.
        Steve Smith - Company Director at a leading Landlord Insurance broker with 17+ years experience in the industry
        LandlordZONE Verified Poster and Topic Expert for Landlords Insurance since 2009
        See my profile for contact details


        • #5
          Thanks Steve.

          I am wondering if insurance companies do a deal with solicitors to try to recover some losses as it all seems a bit strange to me!


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