Insurance payouts after a water leak in a Freehold flat?

Insurance payouts after a water leak in a Freehold flat?

A man with arrows above his head, a question mark sign and gushing water
9:23 AM, 31st March 2025, 1 year ago 16

My partner owns the freehold of a flat. He lived in the flat himself for about 2 years and has since moved out and now it is rented out to tenants. There are 10 flats in the block and each flat owner also owns 10% of the freehold management company.

Two of the other flats are also tenanted. The management company is run by two of the flat owners resident in the building by agreement of all the freeholders. The freehold company takes out a Buildings Insurance Policy annually, the cost of which each of the freeholders pay in equal parts in their service charge.

In the 13 years that my partner has owned his flat there have never been any successful claims made under the building insurance. However, in October 2024, my partner’s flat suffered a major escape of water which caused damage to his flat and also to the flat below. The leak was caused because the mains stopcock and pressure reducing valve had both cracked under pressure.

We also learned that every one of the other 9 flats have the exact same stopcocks and pressure reducing valves fitted. We later learned that the incoming water pressure to the whole building was very high at 7 bar. This fact was not related to the insurance company or their loss adjuster.

Due to the extensive damage a claim was made on the buildings policy. To cut a very long story short, the claim was settled almost in full. The sum has now been paid by the insurance company directly to the freehold company as the policy holder. The sum is made up of the repair costs quoted by the original plumber to each affected flat plus the amount paid by my partner to the plumber for the emergency attendance, for the repair work necessary and for the rental of dehumidifiers in both affected flats.

The freehold company initially agreed to repay each flat owner once the insurance money had been received. This was important for my partner because his flat is rented out. The tenancy ends next February, the flat is perfectly habitable and the tenants don’t want their lives disrupted. Therefore, it makes much more sense to my partner to wait for the tenancy to end and then do the works before offering the flat to new tenants.

Unfortunately, the Freehold company has only repaid my partner the out-of-pocket expenses he was owed and plans to organise the renovations for his flat themselves directly with the plumber.

Apart from the fact that neither my partner nor his tenants want to carry out works until it suits each party, he would rather not use the plumber whose quote was chosen by the insurance company to do the work.

Our query is, can we request that the money owed to my partner is transferred to him now and left to him to decide when the job is done and with whom? The insurers mysteriously chose the more expensive of the quotes and my partner has more confidence in the quote provided by the company used by his managing agents which was slightly better value and would be done faster because they have a bigger workforce.

Any help or advice gratefully received!

Thanks,


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Comments

  • Member Since September 2023 - Comments: 28

    10:59 AM, 31st March 2025, About 1 year ago

    I have had a similar situation and we also have RTM.
    I was paid directly by the insurer and then chose my own contractor to carry out the works.
    Unless Contractually with the insurers there is a clause stating that you have to use the plumber with the winning quote then I would push to have the monies paid to you directly.

  • Member Since April 2021 - Comments: 94

    12:14 PM, 31st March 2025, About 1 year ago

    Depends on the stance of the freehold management company as they have the buildings insurance on behalf of the lessees, not you directly. Unless your partner is an active Director on the board, any request to change the contractor used will involve the 2 resident Board members you mentioned liaising on your behalf with the insurer. If your partner has good relations with the Board, he might request they look into this; if his only input is to stump up his service charge each year he might decide it’s not worth potentially upsetting neighbourly relations. There’s no guarantee the insurer would agree to change anyway.

  • Member Since March 2025 - Comments: 7

    12:29 PM, 31st March 2025, About 1 year ago

    Reply to the comment left by Andy at 31/03/2025 – 12:14
    Thanks Andy, I was afraid that might be the case. We do get on very well with the Director of the management company and it could be that she feels it would be helpful if she dealt directly with the plumber. However, she did say in writing that once the money was in the Freehold company account she would pay it directly to my partner. I wonder if the sum payable to the other flay owner has been paid directly to them.
    Even if we have to use the plumber whose quote the insurance company chose, it would seem fair that as the flat owner, my partner should have free will to manage the works himself?
    Your view on this would be welcome. Thanks, Christine

  • Member Since March 2025 - Comments: 7

    12:34 PM, 31st March 2025, About 1 year ago

    Reply to the comment left by David Smith at 31/03/2025 – 10:59
    Thanks David, I’m guessing the claim was made directly by yourself to the insurance company? Was the claim under the Buildings insurance or Contents As I understand it Contents are insured by each freeholder independently but the Buildings is paid for by the Freehold company and financed by the service charge. Thanks, Christine

  • Member Since September 2023 - Comments: 28

    1:04 PM, 31st March 2025, About 1 year ago

    Reply to the comment left by Christine Deane at 31/03/2025 – 12:34
    It was Building Insurance and claim was made through the managing agents.

  • Member Since September 2023 - Comments: 28

    1:07 PM, 31st March 2025, About 1 year ago

    Reply to the comment left by David Smith at 31/03/2025 – 10:59
    Also I can not see that the RTM Company has any right to appoint a contractor within your property.

  • Member Since March 2025 - Comments: 7

    1:20 PM, 31st March 2025, About 1 year ago

    Well I do tend to agree. Thank you for your reply.

  • Member Since October 2022 - Comments: 408

    2:37 PM, 31st March 2025, About 1 year ago

    My thoughts are that all the valves etc in the building need to be adjusted as well as repaired and a certificate or warranty issued to the man co copied to the Insurers of satisfactory structural repair.

    This warranty would be needed if the insurers were changed and also a copy will need to be supplied by the Man Co with LPE1 form at a sale of the lease.

    If one does their own repair then the Man Co will not have a warranty and also the insurers will not allow it.

    Is building insurance a cost to service charge in the leases or a separate cost. If falls under service charge it may require section 20 consultation and another plumber chosen.

  • Member Since March 2025 - Comments: 7

    3:11 PM, 31st March 2025, About 1 year ago

    Hi Kizzie
    Thanks for your comments. The plumbing in the building was not done very well from the start. The issue about the high water pressure as a potential cause of the fracture to the incoming main stopcock and pressure relief valve is not known to the insurers as it was not known to be the case before the claim was put forward. I suspect it will not be disclosed now either.
    The Building Insurance policy is taken out by the Freehold Managing Company and each of the freehold owners (there are 10 and each own 10% of the Management Co) pay the same amount each annually in the service charge. I don’t know what a Section 20 consultation is but would welcome any insights on any of this mess! Thanks

  • Member Since October 2022 - Comments: 408

    3:33 PM, 31st March 2025, About 1 year ago

    Landlord & tenant act 1985 legally requires the RMC residents management co. acting on behalf of the Lessor or Landlord when entering contract of over 12 months to undertake consultation with lessees/tenants over three contracts. Full details on LEASE website.
    You said the MA has a plumber contract which is in fact with the RMC because the MA acts on behalf of the RMC and a section 20 consultation should have been undertaken with that contract. So that plumber did not report those other issues.

    These other undeclared problems have to be dealt with so could you inform the MA that you have legal obligation to conduct a section 20 consultation and agree a new?
    Contract with a plumber and then tell the insurers you wish to use ‘your’ plumber for the insured repairs.

    Then get this new plumber to also repair the undeclared repairs hopefully out of the settlement and issue the Warranty to the Man Co

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