Rights question, rented flat is water damaged by flat above

Rights question, rented flat is water damaged by flat above

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gavgavgav

Original Poster:

1,556 posts

229 months

Tuesday 29th September 2015
quotequote all
A friend of mine owns a flat that he leases out, there are 2 flats in the building and the owner above (flat also leased out) owns the freehold with my friend having the leasehold of his flat. There is 'landlords' building insurance for both flats existing that my friend is looking into what that would cover. He does not have specific landlords insurance in addition to this.

The flat above had a leaking boiler which has damaged the flat below, what you would expect being the ceiling, wall, carpets (maybe floor). The may be damage to a futon from the Tennant too.

The tenants notified my friend there was water coming in, my friend notified the flat owner above & he has said the leak has now been fixed.

The problem is that he is not taking responsibility for the damage caused. His claim is that the tenants of my friends flat should of notified that the leak was there earlier.

The citizens advice was not very helpful. Is there a useful statement somewhere that we can use to help encourage the landlord above to take responsibility?



ging84

8,897 posts

146 months

Tuesday 29th September 2015
quotequote all
flat above are not liable unless negligent

nurseholliday

173 posts

192 months

Tuesday 29th September 2015
quotequote all
gavgavgav said:
A friend of mine owns a flat that he leases out, there are 2 flats in the building and the owner above (flat also leased out) owns the freehold with my friend having the leasehold of his flat. There is 'landlords' building insurance for both flats existing that my friend is looking into what that would cover. He does not have specific landlords insurance in addition to this.

The flat above had a leaking boiler which has damaged the flat below, what you would expect being the ceiling, wall, carpets (maybe floor). The may be damage to a futon from the Tennant too.

The tenants notified my friend there was water coming in, my friend notified the flat owner above & he has said the leak has now been fixed.

The problem is that he is not taking responsibility for the damage caused. His claim is that the tenants of my friends flat should of notified that the leak was there earlier.

The citizens advice was not very helpful. Is there a useful statement somewhere that we can use to help encourage the landlord above to take responsibility?
I've literally gone through this as the owner of the upstairs flat.

Having taken advice from many different places I am confident in saying that as long as the owner of the upstairs flat was not negligent, so they did all they could to stop the leak within a timely matter of being informed of it - in the case where a leak was not visible from inside the flat - then they are not responsible for the damage to contents and building of flat below.

Building insurance should cover any damage to the flat (wallpaper, paint, plaster, any structural damage) and the tenants' contents insurance should cover their contents.

To add extra info, I am a leasehold owner, as is the owner of the flat below, the one below is rented out, I live in mine. Therefore we had a shared building insurance provider as that is included in our service charge.

My flat was leaking for 2 months but downstairs was empty and the owner didn't visit once in 2 months, lettings agent didn't say anything, new tenants didn't question the peeling wallpaper and paint when they moved in, lettings agent again didn't say anything, when the tenants finally realised there was a leak I had it fixed within 6 hours. Downstairs owner then tries to tell me it's all my fault. Jog on.

Edited by nurseholliday on Tuesday 29th September 15:12

eatcustard

1,003 posts

127 months

Tuesday 29th September 2015
quotequote all
Found this on a legal site (I personally have no legal knowledge)

Flat above is liable irrespective of whether the flat below has insurance cover or not. If water has escaped from the above property and caused damage to another property then they ultimately liable.

northwest monkey

6,370 posts

189 months

Tuesday 29th September 2015
quotequote all
ging84 said:
flat above are not liable
eatcustard said:
Flat above is liable
Excellent advice chaps.



thelawnet1

1,539 posts

155 months

Tuesday 29th September 2015
quotequote all
question is why did the boiler leak? How old is it? When was it last serviced? Were there previous issues reported?

IF the boiler was not properly maintained, then the owner above is probably responsible. IF it was maintained correctly, then probably not.

WatchfulEye

500 posts

128 months

Tuesday 29th September 2015
quotequote all
Just been through a very similar scenario as the owner of the lower flat.

Escape of water does not imply negligence, and therefore there may not be liability for the owner of the leaking boiler. In other words, unless the boiler owner has been negligent, it's "bad luck" for all parties affected.

It is common practice for a LL's buildings policy to cover the structure of the individual flats (walls, plastering, pipework, etc.) So, your friend will need to confirm what is covered by this policy and initiate a claim (if appropriate). Just be aware that a property manager on a shared policy may be keen to get the lowest premium, and this may mean a large excess.

Buildings insurance does not usually cover soft furnishings such as carpets, so if any carpet has been damaged then this is likely to be an uninsured loss (if your friend doesn't have landlord's contents insurance).

As regards tenants contents, the tenants would need to claim on their insurance for their loss.

tex200

438 posts

171 months

Tuesday 29th September 2015
quotequote all
I had a flat that leaked into the one below.

Because I dealt with the leak as soon as I was made aware of it I/my insurance was not liable for damage to the other property.

They were told to claim via their own insurance policy (which they did) and there were no problems.

TwigtheWonderkid

43,351 posts

150 months

Tuesday 29th September 2015
quotequote all
eatcustard said:
Found this on a legal site (I personally have no legal knowledge)

Flat above is liable irrespective of whether the flat below has insurance cover or not. If water has escaped from the above property and caused damage to another property then they ultimately liable.
Must be a legal site where they publish the incorrect answers given by failed law students.

dacouch

1,172 posts

129 months

Tuesday 29th September 2015
quotequote all
TwigtheWonderkid said:
Must be a legal site where they publish the incorrect answers given by failed law students.
I'm guessing it was this site...

http://www.thelawforum.co.uk/leak-flats-responsibi...

The poor poster on that forum is likely to have believed the poster giving the advice.


gavgavgav

Original Poster:

1,556 posts

229 months

Wednesday 30th September 2015
quotequote all
Thanks for the responses so far, my friend has read them all. Looks like it is one of those situations where what feels to be the 'right thing' in our society doesn't match the legal association of responsibility.

Luckily for my friend is that the damage is quite minimal.

Upside is he may join pistonheads now!

TwigtheWonderkid

43,351 posts

150 months

Wednesday 30th September 2015
quotequote all
gavgavgav said:
Looks like it is one of those situations where what feels to be the 'right thing' in our society doesn't match the legal association of responsibility.
I think the law has it right. With a few legal exceptions, you are not responsible for misfortunes that befall other people when you yourself have done nothing wrong.


andburg

7,289 posts

169 months

Wednesday 30th September 2015
quotequote all
TwigtheWonderkid said:
eatcustard said:
Found this on a legal site (I personally have no legal knowledge)

Flat above is liable irrespective of whether the flat below has insurance cover or not. If water has escaped from the above property and caused damage to another property then they ultimately liable.
Must be a legal site where they publish the incorrect answers given by failed law students.
There isbounce

Hooli

32,278 posts

200 months

Wednesday 30th September 2015
quotequote all
andburg said:
TwigtheWonderkid said:
eatcustard said:
Found this on a legal site (I personally have no legal knowledge)

Flat above is liable irrespective of whether the flat below has insurance cover or not. If water has escaped from the above property and caused damage to another property then they ultimately liable.
Must be a legal site where they publish the incorrect answers given by failed law students.
There isbounce
I didn't even have to check what that was a link too laugh

Gareth1974

3,418 posts

139 months

Saturday 3rd October 2015
quotequote all
I used to own a second floor flat, which I rented out. A pipe leaked in my flat, and water damaged the walls and ceiling of the kitchen in the flat below.

I paid to have the damage put right (some plastering and painting). I don't know if I was obliged to or not, I did it without question as it seemed like the right thing to do.

TwigtheWonderkid

43,351 posts

150 months

Saturday 3rd October 2015
quotequote all
Gareth1974 said:
I used to own a second floor flat, which I rented out. A pipe leaked in my flat, and water damaged the walls and ceiling of the kitchen in the flat below.

I paid to have the damage put right (some plastering and painting). I don't know if I was obliged to or not, I did it without question as it seemed like the right thing to do.
What if a fire had started in your flat, an electical fault, no fault of yours, and destroyed the whole block. Would you have paid for the market value of everyone else's flat? If not, why not. Both situations seem very similar.



Chrisgr31

13,474 posts

255 months

Sunday 4th October 2015
quotequote all
TwigtheWonderkid said:
What if a fire had started in your flat, an electical fault, no fault of yours, and destroyed the whole block. Would you have paid for the market value of everyone else's flat? If not, why not. Both situations seem very similar.
I know when a fire started in my neighbours garden and spread to mine my insurance company said that he was not liable as he had not been negligent.

I argued successfully that he had been negligent, but that would seem to support the view that unless you are negligent you are not responsible for the affect on others.