Leak from flat upstairs - please help

[vkcs22]

Hi All

I’m after some advice and opinion please.

I own (leaseholder) a ground floor flat which has been damaged by a leak from the flat upstairs (further details below). I would like to know who would normally be responsible for the damages to the “freestanding” electrical items? The tenant of the flat upstairs or the owner (leaseholder)?

Background:

When I got into my flat, water was dripping from the ceiling and my flat was flooded and soaked with water. I quickly ran upstairs to knock on the door of the flat above but no answer. I was also on the phone trying to get hold of the managing agent and the owner of the flat upstairs.

When the tenant from the flat upstairs opened the door, I made him aware of the situation and upon checking the ensuite bathroom, he had left the shower on and water was all over his bathroom floor. I have recorded the incident when we discovered the cause of this leak. I have also taken pictures of the damages caused by this leak.

I have been told by the managing agent that the building insurance won’t cover for damages to the “freestanding” electrical items (fridge, washing machine, microwave et).

Who is liable to pay for the replacement of these? (owner of the flat above or tenant of the flat above?)

Any advise or recommendation for a good property litigation lawyer?

Thank you in advance!

[jpringle819]

I am not an expert but there have been a few threads like this. Most of them say that if the person is negligent in causing the flooding they are at fault and should claim on their insurance. If the leak is unexpected/not the fault of the upstairs person then you should claim on your insurance.

Happy to be corrected but that seems to be the way these threads turn out

[cbmotorsport]

What damage was caused to the equipment? In my experience washing machines and fridges seem particularly impervious to water?

[eybic]

Fingers crossed that the upstairs tenant is insured, if not then I guess it'll be small claims court.

[dingg]

jpringle819 said:

I am not an expert but there have been a few threads like this. Most of them say that if the person is negligent in causing the flooding they are at fault and should claim on their insurance. If the leak is unexpected/not the fault of the upstairs person then you should claim on your insurance.

Happy to be corrected but that seems to be the way these threads turn out

nail on head , accident claim off own insurance , negligent behaviour (as in this case) claim off upstairs tenant

[cbmotorsport]

Am i right in saying that most tenants don't have anything other than their contents insured?

[ellroy]

Personal experience would suggest that’s normal as you’d tend to have building insurance through your managing agent fees.

[TwigtheWonderkid]

dingg said:

jpringle819 said:

I am not an expert but there have been a few threads like this. Most of them say that if the person is negligent in causing the flooding they are at fault and should claim on their insurance. If the leak is unexpected/not the fault of the upstairs person then you should claim on your insurance.

Happy to be corrected but that seems to be the way these threads turn out

nail on head , accident claim off own insurance , negligent behaviour (as in this case) claim off upstairs tenant

And another vote for this, because it's the right answer.

[Zetec-S]

Nothing to add, other than to say to the OP that you have my sympathy.

Many years ago we lived in a flat below an old lady, who decided to get someone in to help change her washing machine. Fair enough, it wasn't something she could do so bring in the "experts". Only this genius decided that they'd do it all without turning the water off

[andye30m3]

I had a similar issue when a leak from my central heating system got into down stairs.

From memory the block insurance covered the damage to the ceiling and a carpet down stairs.

How big a leak was it? I would have thought white good were quite resistant to small amounts of water.

[kev1974]

Why are you talking about lawyers?

You claim off the buildings insurance (via the managing agent) for any redecoration costs and your contents insurance for any "loose" items, that would include the electricals, if they are actually damaged.

Those two insurers will then seek to recover their costs from the tenant who left their shower running.

You will likely get a hike in your contents insurance cost at renewal time, so you should consider whether enough damage was really done to warrant claiming. or ask the tenant upstairs if he'd like to pay you directly rather than be chased by the insurers, there's a chance he'll go for it I suppose.

Can't see what you think lawyers are going to do at this point other than cost you a lot of money, it's a simple insurance matter first and foremost.

[vkcs22]

Thank you all for the comments.

I don’t have any contents insurance.

I will try to speak to the owner and tenant.