No building insurance and flooded downstairs from my flat!

by Readers Question

11:43 AM, 10th February 2017
About 2 years ago

No building insurance and flooded downstairs from my flat!

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No building insurance and flooded downstairs from my flat!

My 2nd floor let property was vacant and work was going on. The gas engineer had taken the boiler down, and shut the water mains till new boiler went in.leak

However, another contractor was doing the bathroom wall panels, and let the mains on and did not notice water running for about one hour and damaged downstairs property and bottom most.

I had no insurance at the time, the bottom most insurance is chasing me for about £55,000 in repair cost. Am I responsible as landlord? Am I responsible as uninsured landlord? Is it not one who was doing wall panels responsible?

Please advise

Ben



Comments

Jason McClean

11:53 AM, 10th February 2017
About 2 years ago

Hi Ben

This sounds like a complete nightmare.

As the property owner/landlord, you are the liable party. Do you need to provide the insurance or is it via a management company (leasehold?). If the whole building is insured by someone else you may be able to transfer the claim to them. If it is freehold then the liability is with you.

The only other option would be to claim on the contractor's insurance. All reputable contractors will have this and it is to cover in case they make mistakes. You'll need to prove it was them that caused the water to be turned on and damage. Do that and it will be their policy should pay out for the claim.

Hope this helps!

Jason

Rob Crawford

10:43 AM, 11th February 2017
About 2 years ago

This is a nightmare scenario, if you had your own insurance the legal representatives would face up to the contractors with whom I am sure they would be apportioning liability. The plumber for not making it clear to other contractors that work was on going and the bathroom contractor for not asking if a mains supply could be turned on. The problem you now have is the legal cost and time it will take to pursue a claim on your own against the contractors insurers. If the whole building is insured by the management company then they will only cover structural costs. It won't cover contents such as carpets and decoration within either flat. £55K for water running for an hour seems a bit extreme.

Cynthia Bair

5:00 AM, 10th February 2018
About 8 months ago

This is really a worst case, but yes, I agree that you can claim for the loss to the contractors. It was their mistake and if you prove it then they will pay you for the loss. You can seek advice from some experts like the https://directinsurancenetwork.com/personal-insurance/home-insurance they guide you in a better way. Make sure that, you have homeowners insurance done for your home as a landlord it is your responsibility to take care of the place.

Puzzler

14:47 PM, 10th February 2018
About 8 months ago

You say it's a flat. Do you own the building? If not the insurance will have been arranged by the freeholder and unless they can prove negligence the insurer should pay up. If you do own the building and have a mortgage you will have breached its terms. If you don't then yes you are liable. Sounds like the bottom flat is claiming under contents cover. Unless you are in Scotland where flats are all owned individually. Can give a better reply if you can provide these details.


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