Block insurance leak excess £10,000!

by Readers Question

11:47 AM, 4th September 2019
About 2 years ago

Block insurance leak excess £10,000!

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Block insurance leak excess £10,000!

In a conversion, containing over 100 apartments, there has been a spate of insurance claims relating to water leakage. This has resulted in increased premiums, and more specifically, a £10,000 excess for water damage claims, which the managing agent passes on to the individual leaseholder for the apartment responsible for the leak.

Although my apartments are checked regularly to ensure the plumbing integrity, there is no guarantee that an accident will not result in a claim.

I have 2 questions for discussion:

1. Is it possible to insure myself against the excess charged on the block policy?

2. What experience do people have trying to recover the excess from a tenant who has caused a water claim emanating from an apartment, through either neglect or just not bothering to inform the landlord of a minor leak?

Thank you

Richard

Comments

Paul Fay

0:33 AM, 13th September 2019
About 2 years ago

In the absence of demonstrable negligence on the part of the leaseholder from where the leak has occurred., there is no claim against the leaseholder. If they let a bath overflow that would be negligent however if pipework simply failed there is no claim in negligence.

acctsol

7:48 AM, 13th September 2019
About 2 years ago

Hi Paul thanks for your comments. Why do you think negligence needs to be demonstrated? Whether negligent or not the damage was caused and somebody has to pay for it. Are you saying the ‘flat downstairs ‘ should just suck it up ?

fault or not on the upstairs leaseholder it still caused the damage and I am of the opinion the flat which caused the leak should pay the damage or am I simply being naive? If this is the case the law is an ass?!

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