Should I sue the plumber or the owner of the flat above?Make Text Bigger
I own a number of properties. In December we had a water leak into one of our properties coming from the flat above. This caused around £1000 of damage. We have been trying to ascertain since this time, who is liable. At the time a local plumbers was putting in a new shower in the flat above.
We have been advised now that the plumbers have verbally admitted liability that the works carried out to the shower in Apartment above in December caused the leak and the subsequent damage to our property. The information given to me is that the plumbers installed a valve which was not designed for the shower being installed, therefore one end of this valve should have been capped off to prevent water escaping, however this did not happen and therefore the leak became present. The plumbers have had to re-attended the property above ours and have altered the valve in position and ensured no further leaks will occur and are currently re-tiling the area in the bathroom to make this good again. The agent of the flat above has requested a report in writing from the plumbers to confirm this.
As a result of this, I have been advised that the owner is not be liable for the damages incurred and a claim can therefore be made to through the plumbers liability insurance for the damages caused to our property as a result of their negligence.
Can anyone confirm this is the correct procedure, that I would make contact directly with the plumbers to make my claim for the damage via their insurance. Or would I go via my insurance company and they make the claim against the plumber on my behalf. Whatever happens I don’t want to be penalised on my future insurance.
I do not want a claim against my insurance.
If anyone could advise the correct procedure, this would be appreciated.
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