leak from upstairs flat

[dingg]

daughter owns a upstairs flat , last month had a small water leak which was isolated after about 20 mins , apparently it has caused a ceiling crack in the flat below which is rented out by a landlord.

no discussion has been put to my daughter by the landlord or tenant ,but today she received a letter from a property maintenance/management company demanding her insurance details or further action will be taken.

Now I seem to remember on other threads that if this happens its just an accident and the person who lives upstairs is not liable unless negligent in some way or another , so whats the best way to deal with this somewhat bullying threatening letter.

thanks in advance esp to the resident lawyers here

[Smiljan]

https://www.lease-advice.org/article/deal-water-le...

Seems you need to establish whose insurance covers the leak first now it has been stopped.

I had an angel of a neighbour who arranged for a plasterer and a decorator to replace my ceiling when his flat above sprang a leak but I think his was a case of dodgy DIY causing it rather than just springing a leak. Has your daughter been in touch with her insurance to get their view yet?

[dingg]

she will call them tomorrow , I'm trying to advise her from abroad , I think they're taking the piss out of a young girl tbh

[TwigtheWonderkid]

dingg said:

today she received a letter from a property maintenance/management company demanding her insurance details or further action will be taken.

Now I seem to remember on other threads that if this happens its just an accident and the person who lives upstairs is not liable unless negligent in some way or another , so whats the best way to deal with this somewhat bullying threatening letter.

Yes, she isn't liable unless she was negligent (left the bath running, did her own dodgy DIY etc.)

She just needs to contact her insurers, explain the situation, and forward on the letter for them to reply to.

[KungFuPanda]

Reminds me of when I was doing up a house. Was taking some old tiles off a kitchen wall. Was using a medium sized breaker and managed to break through to next door’s kitchen.

I st it all afternoon waiting for the old boy next door to get home from work. Heard him come home and knocked on the door straight away. He was quite cheerful and accommodating. I apologised profusely and workmen who were already working at my house patched it up and plastered the hole. The neighbour didn’t want anything else doing or any money as he said he was going to re decorate anyway.

[Wings]

First take a look at the Lease, the same can be downloaded (cost £3) from the HM Land Registry web site link:

https://www.gov.uk/government/organisations/land-r...

Much depends on the internal pipe works that the leak came from, sounds as though it might be the leaseholder of the flat responsibility. This link from the Leaseholder Advisory Service may assist you (they have a very good free telephone legal advice help line) link:

https://www.lease-advice.org/article/deal-water-le...

Will possibly pay to talk to the leaseholder in the flat below, and come to a cash arrangement to carry out or organise the repairs, management companies tend to want a LARGE back hander.

[dingg]

to update , her insurance co. have confirmed she has no liability and have just told her to pass on their details to the management co. thats coming on heavy handed (chancing bds) and that will be the end of it.

[Wings]

Good to hear, I would suggest that your daughter checks the management company's next annual service charge accounts, to see what charges, costs etc. they have imposed on the leaseholders.

[dingg]

She owns the upper flat , a private landlord owns the lower flat which is let out , somehow a management co. have become involved.
My daughter is the freeholder of both properties the lower let on peppercorn ground rent.
Quite an unusual situation for most but common in her area.

[CubanPete]

Even if your daughter is liable, this should be covered by the management companies building insurance, and not your daughters household insurance.

[recordman]

CubanPete said:

Even if your daughter is liable, this should be covered by the management companies building insurance, and not your daughters household insurance.

This would be my understanding too.