Leak from flat above

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    Leak from flat above

    I own a ground floor flat which is rented out. The tenant has made me aware of a big damp patch in the middle of the bedroom ceiling. Apparently, there has been a leak from the washing machine in the flat above which is rented out. My ceiling will need painting and redecoration. I contacted the Managing Agents for the flat above who have told me that I should claim on my contents insurance. Is this true? Is there a way I can pursue this further to ensure that the landlord of the flat above pays for painting costs? My insurance does not cover for leaks from the flat above but even if they did, why should I push up my premiums for a problem arising from someone else's flat??

    #2
    Wrong forum. Please repost on LONG LEASEHOLD.
    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).

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      #3
      Originally posted by rjey View Post
      I own a ground floor flat which is rented out.I contacted the Managing Agents for the flat above who have told me that I should claim on my contents insurance. Is this true?
      As your flat is "let out" ,then here may be the right forum.

      Any damage caused by a flat above you, it is their responsibility to rectify any damage done to adjoining flats.
      Let THEM claim on THEIR building insurance or contents insurance, in order to pay for the rectification of your ceiling.
      Put in a claim to the flat above for inspection of the ceiling ( it may have to be re plastered,) but the leak has to be investigated, and you need an assurance that the leak has been fixed.

      NO. - - negligence, poor maintenance, the act of allowing water from an appliance owned by another damaging your property, is not yours to bear the cost.

      You will have a fight on your hands, it seems, but it is not unknown for insurers to have ceiling inspected, remove a central light fitting, and use endiscope thing to inspect the top of the hidden ceiling, then to supply industrial low heat fans to dry out the ceiling.

      Building insurance should cover you ( assuming the building has insurance ). if all else fails.

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        #4
        A sub-let flat is owned leasehold by L doing the subletting-out; so the legal position is whatever the long lease says it is. The sub-letting is irrelevant.
        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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