Leak from our flat on another - her tenant threatening not to pay rent

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  • #16
    Jesus wept. I'd sue you for everything I could think of including lost rent. There is no compulsion to have contents insurance or even to claim on it. Let us know what happens, won't you?


    • #17
      You wouldn't get very far. I spoke to my solicitor now and eh said the same thing. He only believes I'm only liable for the my share in the insurance excess.

      He worked successfully in negligence claims and in all of them it was proved that there was no action from the liable party, suxcessive leaks etc., which is not my case.


      • #18
        Forgive me, but it was you asking advice from us, wasn't it?


        • #19
          Yes, but I was asking specific advice on this specific situation.

          All you're saying is that you'd sue me, without explaining your reasons or legal basis for it..

          Where exactly do you think I was negligent or, more specifically, responsible for her carpet our lost rent if I acted on the issue immediately?


          • #20
            As I said, I'd let the judge decide. Frankly, given the attitude you've shown here, I would take you to court whether I thought you were negligent or not.


            • #21
              I agree. Frankly (despite some of the comments on this thread) "accident - not my problem" is simply not the case in a decent world.

              If you bashed into someone else's parked car "by accident" (as opposed to deliberately) would you just walk away and say -- "sorry it was an accident, sort your self out". Its appalling. There is law, there are insurance rules, and there is the matter of behaving decently.

              I would be delighted to see some actual court cases where a flat owner's faulty fittings devastated another flat and they were held not-responsible in any shape or form. What insurers may or may not do according to their rules is separate and irrelevant to the morality of the thing.

              Nor do I see why everyone in the building should pay for YOUR plumbing fault, or (with three or four such claims) risk having insurance cover revoked completely -- because that IS the consequence as lessees in one building in which I own a flat discovered. Making an insurance claim is not a neutral act - it carries huge risks. Any manager of a building who permits multiple trivial claims to progress to the insurers (as opposed to absorbing the claims or passing to lessees causing the damage) is negligent.

              We are assuming here that is was a plumbing fault within your demise.

              By the way, pipes and valves especially in older homes degrade and begin to leak over time - this is inevitable. When they eventually leak this is a maintenance issue (or lack of maintenance issue) not a definable insurance event.


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