Isn't there any obligation to be insured?

[Sarah17]

Hi All,
I recently bought a flat and learned since that the flat above is a regulated tenancy. The current tenant has moved in 1972. The flat is in a very shabby state, and I am worried about it (safety concerns, fire risk...etc). I wrote to the landlord and didn't receive any answer yet. A few days ago, I had water damage, coming from above. The tenant told me he hasn't got any insurance in place. Isn't there any obligation to be insured? What can I do next regarding this water damage? What can I do next regarding my general concerns about the state of the flat above? Many thanks

[scot22]

We had a leak and owner not insured. Fortunately did the honourable think and paid costs.
Insurance for flats can be difficult. Ours excludes water damage except by storm etc.
If you can prove negligence I would make a claim on small claims. Obviously ask them to pay before legal route.
Is there a freeholder ?
Have you a lease ?

[vmart]

The only insurances that are legally required in the UK are Employers' Liability; and motor insurance.

I suggest you write to the landlord again following up on your previous letter and notifying them of the leak. Depending upon the cause of the leak it may be covered by buildings' insurance. You perhaps were provided with a copy of the policy so could check once you know the cause of the leak (you may already know this).

If the issue is not covered by insurance it may be the landlord's liability.

[Gordon999]

It should be stated in your lease who places the "buildings insurance" and what % each flat contributes.

The "contents insurance" for each flat is paid by the flat owner

[jpucng62]

If the tenancy is regulated as you say it is likely the rent is very low, the tenant has very little money & the LL is unlikely to want to spend anything because the rent is very low!

LL has statutory obligations but will probably being do very little in terms of upgrades, waiting for the tenant to move out.

[Flashback1966]

If there is a leak from the flat above, then you need to claim on your insurance. I know it sounds unfair, but that is how it works. The upper flat is responsible for fixing the leak. Ideally the entire building should be under one insurance policy, but sometimes, people insure separately.

[Sarah17]

Hi All, many many thanks for your answers. As it is a regulated tenancy (beginning in 1972), indeed the rent is very low, the LL is doing the minimum expecting the tenant to move. I had the opportunity to look inside, it sounds in a very bad state, but I don't know up to which point this is just a private matter or it becomes risky for the building, and how I can ensure that. Regarding the water damage, it has stopped, the tenant said it came from the shower above but the problem has been fixed since, I don't have any further details. I will ask a quotation to repair it(mainly decoration rather than ceiling big damages here), but I am afraid the tenant won't pay and it will be under the excesses of my insurance. So LL will remain an option. The insurance for the building is split between the two flats, unusual but this is how it is. The lease isn't really detailed regarding it. I received a very detailed answer from the leasehold advice service, insurance issues don't seem easy. At this point, I understand that I'd better pray nothing major happens. the LL above is a company, Space Life, does anyone know them?

[Macromia]

AS Flashback1966 has suggested, this is something that would usually be covered by your own insurance, or potentially the blocks insurance.
It generally only becomes the responsibility of the tenant, or leaseholder, of the flat above if negligence can be proven.

[Sarah17]

Regarding the damages, which are small, I will leave it for the time being. I got an email from the Leaseholder of the flat, or more exactly the head of PRS of their management company, that they
will carry on some work this summer. I don't know how legal is an email, but this is a beginning.