Dreaded water leak – who pays?

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by Readers Question

1:24 PM, 4th October 2022, 4 years ago 6

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Landlord News Landlords Questions

Hello, There are 62 flats in a purpose-built block, which is now getting on.

From time to time there are leaks from communal areas and from pipes under the floorboards in addition to the normal leaks from kitchen pipes and appliances or bathroom furniture and fittings and associated pipes.

Leaks from the communal are dealt with by the management company (and all the lessees pay for the detection and repairs in their service charge).

When there is a leak from an upstairs flat into the one below, what are the rights and responsibilities of each flat owner?

History of leaks in this block has been such that the insurance excess is now £2,000.

Who pays this excess?

Insurance would be on the new for old basis.

If the damage is below £2000 (the Excess), is this shared?

The Management Company’s advice is that (though unfair) it is borne by the affected lessee.

If the offending flat wishes to contribute, is he entitled to assess the damage as the DPS might do.

Any advice together with any authority would be much appreciated.

Thanks,

Suresh

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Comments

Martin Thomas

Member Since August 2018 - Comments: 158

10:12 AM, 5th October 2022, About 4 years ago

Surely, the flat causing the leak would need to pay for the redecorations and damage in the flat below. If the cost is less than £2000, then clearly a claim can’t be made against the insurance policy and the lessee has to pay it from their own pocket.

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BernieW Read Full Bio

Member Since April 2020 - Comments: 159 - Articles: 1

10:49 AM, 5th October 2022, About 4 years ago

There is an informational article on this very subject, here > https://berniewales.co.uk/who-is-responsible-for-fixing-a-leak/

And one about the insurance excess, here > https://berniewales.co.uk/insurance-excess/

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Darren Peters

Member Since January 2016 - Comments: 473

10:50 AM, 5th October 2022, About 4 years ago

Is there something in your Lease about the Freeholder having to take action against the Leaseholder causing the damage? It’ll be worded better if it’s there.

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roly

Member Since February 2016 - Comments: 8

3:40 PM, 5th October 2022, About 4 years ago

I was recently flooded by a leak from an upstairs flat (3 floors above). The Managing Agent (Ringley) told me I couldn’t claim under the Building Insurance they negotiate and charge me for as the leak emanated from a private flat, rather than common parts.
The leasholder told me I would have to prove ‘legal negligence’ in order to claim against his insurance and I should claim on mine – not possible as I have only contents insurance.
I claimed against the upstairs flat’s leaseholder via Moneyclaim and received the costs of repairs and court costs within 7 days.

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Darren Peters

Member Since January 2016 - Comments: 473

4:15 PM, 5th October 2022, About 4 years ago

Reply to the comment left by roly at 05/10/2022 – 15:40
Did you claim against the flat directly above or 3 floors above where the leak emanated?

If the tenant was a council tenant could you use this route against them or the council or Freeholder?

Thanks

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Jireh Homes Read Full Bio

Member Since June 2014 - Comments: 325

11:00 AM, 8th October 2022, About 4 years ago

Experienced on two occasions escape of water claims from flat above and in both cases had to claim on my insurance thus suffering payment of excess and higher premiums following year. Challenged with solicitor acting for Claim Handler who advised very difficult in these occurrences to counter claim. All appears totally unfair but advised to be the norm.

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