marknewman1 Posted November 16, 2011 Report Share Posted November 16, 2011 Hi, I had a phone call, on Sunday from the person who lives in the flat below mine, he said that there had been water coming through his electric light in his bathroom , all weekend,( there was a leak from the toilet in my flat) As he had been unable to contact my tennant, he had called a electrician, who had charged him 215 pounds, plus VAT, to make the electrics safe. He also said that he was going to get a quote for repairs to the ceiling. What i need to know is can he do this without my permission ? the amount he was charged seem a lot, as I would have just turned the electric off in the bathroom. Can he get the ceiling and light repaired, and send me the bill, or can I arrange to have it done myself ? I dont have contents insurance, but as my flat is an ex council flat, and leasehold, I thought I would be covered by their buildings cover. any advise would be appreciated, as I am planning on visiting the flat to inspect the damage tomorrow evening. Thanks Link to comment Share on other sites More sharing options...
Richlist Posted November 16, 2011 Report Share Posted November 16, 2011 Firstly the downstais flat owner should claim the expense from their buildings insurance. There will probably be an excess that they will have to pay initially. You are only responsible for the costs of repairs to their flat if you have been negligent. You haven't told us the circumstances of the toilet leak but if it was a sudden leak of water or a problem that you didn't already know about then you have not been negligent and are not required to pay anything. What your downstairs neighbour has experienced is a combination of leaking water and gravity. Thats why I only buy top floor flats.... Hope that helps. Link to comment Share on other sites More sharing options...
Rising Damp Posted November 16, 2011 Report Share Posted November 16, 2011 Firstly the downstais flat owner should claim the expense from their buildings insurance. There will probably be an excess that they will have to pay initially. You are only responsible for the costs of repairs to their flat if you have been negligent. You haven't told us the circumstances of the toilet leak but if it was a sudden leak of water or a problem that you didn't already know about then you have not been negligent and are not required to pay anything. What your downstairs neighbour has experienced is a combination of leaking water and gravity. Thats why I only buy top floor flats.... Hope that helps. Link to comment Share on other sites More sharing options...
Rising Damp Posted November 16, 2011 Report Share Posted November 16, 2011 As a gesture of goodwill you could offer to pay the downstair occupier's excess Link to comment Share on other sites More sharing options...
marknewman1 Posted November 16, 2011 Author Report Share Posted November 16, 2011 Thanks, the pipe that connects the cystern to the toilet came lose, as it is enclosed, it wasnt noticed until the water started going through the light downstairs.. I am prepared to pay the excess, but not the 215 that has already been paid. Link to comment Share on other sites More sharing options...
Richlist Posted November 16, 2011 Report Share Posted November 16, 2011 Thanks, the pipe that connects the cystern to the toilet came lose, as it is enclosed, it wasnt noticed until the water started going through the light downstairs.. I am prepared to pay the excess, but not the 215 that has already been paid. Why? Why would you want to part with your hard earned money when you don't have to. It wasn't your fault, it couldn't have been anticipated, you are not liable. Furthermore, what possible benefit can paying the excess give you? You don't live there, presumably you don't know the people so what favours might they be able to do in return? probably none. Letting property is a business. Try not to allow emotions & feelings cloud your business judgement. Your neighbour should bare the pain of the cost and get on with it. Any goodwill gesture should, in my opinion, be limited to a box of chocs or a bunch of flowers. If you are still feeling overly generous after reading my post then give the mnoney to a worthwhile charity. Remember, there are lots of OAP's who can't afford to heat their homes this winter and I'm sure they could put the money to better use. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 17, 2011 Report Share Posted November 17, 2011 I had this happen to a ground floor flat I own, 3 times now to the same flat. As RL I have learned that without negligence there is no liability to the flat above so it is down to insurance. This happened to a flat below one of mine elsewhere. Had the owner not become abusive I would have worked the problem to maintain and amicable relationship, which there wasn't so stuff him. Your situation may be different, is there reason to keep the downstairs owner on side ? First I would make him aware that there is no liability due to the effect of gravity (as explained to me by the insurance co). Then most flats have common insurance, so it makes no difference if he claims, by the way you can only claim for your loss not his. In my situation the guy was griping on about losing his 'no claims'. I never did learn how he manages to drive his flat to places. A polite suggestion might be for him to replace the ceiling with the t&g plastic cladding from B&Q or Wickes. No need to replace next time then, just let it dry. I did. Link to comment Share on other sites More sharing options...
Chestnut Posted November 17, 2011 Report Share Posted November 17, 2011 I would be neighbourly but firm. His electricians bill should be covered on the emergency section of his owner's buildings cover. It's nothing to do with you. You could always offer the 'bottle of wine', but no money that looks like a part of his claim, in case you inadvertantly become involved to it. You could also check your own policy for similar circs (it might happen to you....) and check with freeholder / management company in case of common policy covered by management charges. You could then be in position to offer to explain the policy to the tenant or owner, by way of help. Link to comment Share on other sites More sharing options...
Richlist Posted November 17, 2011 Report Share Posted November 17, 2011 There is an interesting twist to claiming from the block buildings insurance policy that almost all flats have. Often the feeholder or their managing agents agree with the insurance company to have a sizeable excess of around £500 in exchange for a smaller annual premium. Many leaseholders who make a claim assume that they have to pay this excess. Thats not always the case. If the lease states that the freeholder is to provide buildings insurance cover then that is exactly what they have to do. It doesn't say they have to provide buildings insurance cover less £500. So, when making a claim from the insurers, make sure you pay the excess initially, get the repairs carried out and then claim your excess back from the service charge account run by the freeholder or their managing agents. So, if the flats in question, have a lease that says the freeholder must provide the buildings insurance THEN the person claiming for the repairs wil NOT ultimately be out of pocket. That might help you with your decision on wether to offer compensation. Good luck. Link to comment Share on other sites More sharing options...
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