Responsibility to pay for damage

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    Responsibility to pay for damage

    So a tenant vacated a rented flat in a block where I am a leaseholder. The flat had been let on a private basis with no agent involved. I know no other details. It would now appear that the tenant left a tap running after removal of the washing machine. 2 weeks later, the intercom system in the block stopped working and the electrician was called to investigate. He immediately saw that there was water running down the wall that had blown a component in the intercom system and on further investigation found that the flat immediately under the vacated flat, had water building up in their ceiling (had gone unnoticed !!). So the upshot is that the Fire brigade was called out, as the leaseholder could not be contacted, and so the FB broke the door to the flat, so that the water in the flat could be turned off. !!! (god knows why they didnt go to the mains water manifold serving all of the flats to that floor and turn it off there, but they didnt).
    The question I posed the MA was.....So who is going to pay for this? Not just the labour involved in fixing the intercom system, but the damage done to the empty flat, as well as the damage done to the flat underneath.
    Their answer surprised me....It is that the leaseholder of the vacant flat where the water was left running, would be asked to pay the £250 excess on any claim made against the Blocks General Insurance, and that that Insurer would pay for the damages (apart from the first £250), therefore it is possible that the buildings insurance policy could be increased in future years, ,meaning that all other leaseholders would end up paying for this in increased service charge premiums (and considering that the leaseholder of the flat is in the throws of selling the lease). How come this is not the full responsibility for the leaseholder or tenant, as this damage was caused by a tenant inside a flat, with damage caused to the inside of another flat, and is it likely that the leaseholder would have had a holding deposit from their tenant, which they could keep??

    Simply because it's easier to have the insurance sort it all out now than to chase after a departed tenant and departing leaseholder and sue them, which could take months/years and is not guaranteed to recover the costs needed anyway.

    That's why you pay block insurance.


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