Responsibility for expenses arising from water damage

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    Responsibility for expenses arising from water damage

    I would appreciate any advice and information!

    Flat A instructed a plumber to remove a water tank, the tank forming part of the demised area of Flat A. Landlord consent had not been sought nor given for this removal, although the Lease requires consent to be obtained before commencing works.

    A few hours following the tank removal, the mains water pressure caused an old join in the existing pipework within Flat A to break, and water escaped for several hours, filling the flat below, Flat B.

    There was extensive damage in Flat B, and apart from the insurance excess, the insurance have paid up for the claim for making good the damage.

    What has not been paid has been extensive additional costs that arose, as the owner of Flat B lives overseas, and is seeking the costs of the flights made to the UK during the time it has taken to do the works required in Flat B, along with claiming the insurance excess.

    1] Who is responsible for paying these costs and the excess, and if it is Flat A, how should the owner of Flat B claim these?
    and
    2] Is the Landlord in any way responsible for any costs?

    Your response and advice is appreciated

    #2
    My understanding would be that:
    1. I don't think costs of flights etc dealing with your flat is reclaimable from anyone. It was presumably Flat B's choice to live overseas? The excess however should be reclaimable from the Landlord (of the building) who would recharge this to Flat A lessee.
    2. I don't think so, except to the extent of the excess.

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