Water Damage from Upstairs Flat – Who is Liable for the Excess?Make Text Bigger
I own the downstairs maisonette in a terrace, with one flat upstairs, which is also tenanted. There has been a water leak from the upstairs hand wash basin which has caused extensive damage to my flat.
It was a fortuitous incident, and my upstairs neighbour’s insurance has declined liability. Her tenants might have been negligent only inasmuch as they didn’t do anything about the leak for about one or two weeks, even though my tenants told them several times.
I have had a few quotes ranging between £800 and £1,600, however my insurance excess is £1,000. I have searched extensively about this topic in forums, but there seems to be conflicting information.
Some say that if the damage is rectified through one flat’s insurance, the excess is then shared by all the freeholders. Usually this would be through a managing company, but in our case, myself and the upstairs owner share the freehold and we have an agreement whereby we share the cost of all repairs, but we have separate buildings insurance policies.
Would she have to pay half of my excess, or half of the repair costs if I decide not to go through my insurance?
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