Building insurance excess leasehold flat

[bedruzenka]

Hi,
could someone please advise me on the following.
If there is a leak in leasehold flats and the damaged flat makes a claim and pay their excess, can they claim the excess back + interest from the flat where the leak originated? Would they win in small claims court?
Thank you

[leaseholder64]

Probably not with interest, and only if the flat above was negligent, i.e. a reasonable person would have known there was a leak, or at least that a leak was probable, and they did not stop it within a reasonable time of when they should have become aware of it.

[bedruzenka]

Thank you for your reply.
They seem to think they can charge 8% according to their lease?
Does it make any difference if the leak happened 3 years ago and this is the first time they are asking for the money?

[leaseholder64]

8% sounds like the small claims court rate, which only runs from when the claim form is submitted: https://www.compactlaw.co.uk/free-le...-interest.html

[Hannah9999]

Hi can anyone help. I have a top floor maisonettes and there was a leak into the flat below. There is nothing in the lease to say I’m responsible for the excess but I was willing to pay it until I found out it was £2500. Does anyone know if I can challenge this amount with the First Tier tribunal as it seems an exorbitant amount to me?

many thanks

[bedruzenka]

Hi, I had the same issue and my neighbour has now taken me to court.
I'll let you know the outcome.

[leaseholder64]

Hannah,

The alternative to a high excess is a high premium or no insurance at all. Excesses for escape of water tend to be big in flats, because that is the cause of most claims in flats.

You should look at your contents insurance. If you have the right options, they may cover the excess, or help you to defend against the claim. You'll definitely lose your no claims in the first case, and might in the second.

[Hannah9999]

Hi Leaseholder thanks for
the reply. Unfortunately there is no contents insurance as it’s rented unfurnished. From everything I have read unless provided for by the lease the norm is for the excess to be covered by the service charge which is nearly &300 per month. Also the highest excess I have come across is £1000 so £2500 seems extremely high to me. I’m going to approach the owners for the other flat as I have not even been informed of what the damage is to see whether it’s something I can pay for without going through the insurance at all.

many thanks for the help