Building's insurer refuses cover- so which party pays?

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    Building's insurer refuses cover- so which party pays?

    Hi I own a flat in a block of 6. I have one in the middle. My tenant had a leak in the bathromm that went undiscovered for a while. The owner below said they noticed nothing. They had water damage.

    Insurance sent a Surveyor out who noticed that there was a lot of damp caused in the flat below. (I don't know if the cause was our leak or from previous owners) He then said that the insurance does not cover damp (wet rot dry rot)

    My problem now is. Who is responsible? I offered to pay half the cost of fixing the downstairs property but the owner wants me to pay for the lot. Am I responsible?

    It is a block insurance so we have the same insurer.

    #2
    If insurer is correct (and never accept that without a fight!), read your lease re what liabilities rest on the leaseholder (= you).
    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).

    Comment


      #3
      Thanks Jeffrey.

      I am the owner. But my qestion is, am I responsible for the whole cost of fixing the downstairs property? I have already fixed the upstairs property (the one I own)
      The Surveyor reckoned the householder below should have noticed earlier. So I thought my offer to pay half was fair.
      However I want to do whats right. Thats why I'm here looking for some guidance.
      Should I pay the whole cost of the property BELOW? Or am I right in offering half?

      Comment


        #4
        If the damage was wholly caused by water from your flat, you ought to pay the whole cost of rectification. why should your neighbour have to pay?
        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).

        Comment


          #5
          Originally posted by jeffrey View Post
          If the damage was wholly caused by water from your flat, you ought to pay the whole cost of rectification. why should your neighbour have to pay?
          That is the point. I don't know if the whole of the damage was caused from my flat.
          The fact that the insurance wouldn't touch it also makes me wonder. Some of the damage could have been caused by the previous owner.

          Comment


            #6
            Originally posted by hearts View Post
            That is the point. I don't know if the whole of the damage was caused from my flat.
            The fact that the insurance wouldn't touch it also makes me wonder. Some of the damage could have been caused by the previous owner.
            But if you yourself don't know, how could any other LZ members have any way to know?
            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).

            Comment


              #7
              Also, something to consider.... would you be liable if taken to court by your neighbour?

              Perhaps under the Defective Premises Act 1972, perhaps under nuisance.

              However, if they should have noticed sooner... then maybe your offer is fair. Only you can judge. How far will your neighbour take it, how badly do you want to retain a good relationship with him.

              You could offer to pay up to [max sum] by way of contribution to his repair as a slightly better offer.

              Comment


                #8
                Thanks.

                I'm really just looking to do the right thing. But I feel a bit miffed at a few things. The neighbour below contacted the insurance and tried to screw them, and then quoted me 5 grand for repairs. Saying I should pay half.
                I got my own man in and he said he could do it for a max of 1.5k. So I said I will pay half of this. Now she is trying to pull out saying I should pay it all.

                Where would I stand legally is another question. Am I as the owner responsible or is the tenant responsible?

                Comment


                  #9
                  Guess you should start off with the fact it was her that proposed you pay half.

                  Make the offer formal by writing to her and include you accept her proposal that you pay half.

                  Keep this in mind and as you have a cheaper quote lay on the fact that you both save as she will be paying half of the 5k.

                  Comment


                    #10
                    With regard to the rejected insurance claim. Would it not be possible for us to pay the cost of repairs to the Rot and then the insurance paying for replacement of the non Rot damage?

                    Comment


                      #11
                      The 'Rot'? Please expand.
                      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).

                      Comment

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