Flood damage

[jim]

One of my buy to let properties that I have just decorated and ready to be marketed, has been flooded by the owner of the upstairs flat. My insurance has a £200 excess. The upstairs owner is refusing to pay the excess. Do i have a claim against him for this and for loss of rental income as the flat will now not be ready for over a month.

[Mortitia]

Hi Jim,

Yes, I would say you do have a claim but this excess would be covered by his own insurance under public liability - if he has any.

Your own insurance company could advise you of that as they no doubt will have claimed against his insurers - again if he has any.

Failing that and negotiations - go for a small claims procedure. Did you have pics or reciepts for the newly decorated let as you will need to prove this to the judge? I think the small claim procedure start has gone up to £75 so only you can decide if this is worth the hassle and does the upstairs tenant/owner have money to pay you?

Good luck with that,

Mortitia

[jim]

Hi Jim,

Yes, I would say you do have a claim but this excess would be covered by his own insurance under public liability - if he has any.

Your own insurance company could advise you of that as they no doubt will have claimed against his insurers - again if he has any.

Failing that and negotiations - go for a small claims procedure. Did you have pics or reciepts for the newly decorated let as you will need to prove this to the judge? I think the small claim procedure start has gone up to £75 so only you can decide if this is worth the hassle and does the upstairs tenant/owner have money to pay you?

Good luck with that,

Mortitia

Thanks for your reply Mortitia,

Unfortunately, due to a Factor being involved, we both have the same insurance, and as I am the one making the claim they say I have to pay the excess, even though he is totally responsible.

He is in employment, believe it or not he works for a bank where I have six buy to let mortgages with.

Ironic or What ????