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Devrozex View Drop Down
Jack Charlton
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    Posted: 13 Sep 2016 at 2:50pm

A leak from the apartment above mine caused a fair bit of water damage to the ceiling of my jacks and also warped a wall-mounted wooden framed mirror. I contacted the management company who said that the block insurers had been made aware but had advised there was a 1,000 excess on all water damage claims.

Would any law-speaking types know where exactly I stand in this scenario? I'm guessing that even though the damage wasn't my fault I'm relying on the soundness of the owners/landlord above to chip in towards the damage caused...
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SuperDave might be the man to talk to 👍
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ooh Thomas, how could you do this to me!

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Complain to the Landlord as well. His insurance should cover it. If his insurance doesn't cover it, the apartment upstairs might.

Complain to your landlord, complain to the tenant upstairs, complain to his landlord as well.... see who will give you what. Write to each of them, see what you get.

You might get nothing admittedly and there's no cut and dried case against any of them but it's worth asking each of them.
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How do you know he is a tenant.
AKA pedantic kunt
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ooh Thomas, how could you do this to me!

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I don't, I'm just guessing. If he is, great. If he's not, still not the end of the world.
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Originally posted by Baldrick Baldrick wrote:

How do you know he is a tenant.
 
Cheers Dave.
 
And sorry yeah should have mentioned I own the apartment. So could potentially claim on my insurance but obviously not too keen if it can be avoided. That and the fact the problem originated from upstairs.
 
 
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If your apartment is in a block then you wouldn't, nor would any tenant, have cover for the building itself. You're probably just covering your own contents . If any of these have been damaged then you can claim off your own policy. If not then you'll need to claim through the management company's block insurance policy that covers the building as a whole. The 1000e excess would sound right but that's not your problem. Its up to them to cover the difference, not you. You shouldn't be left out of pocket in any way. They took out the policy to cover the building, if there's an excess then that's their problem not yours
Some people just deserve a slap
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Ray Houghton
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Originally posted by Devrozex Devrozex wrote:

Originally posted by Baldrick Baldrick wrote:

How do you know he is a tenant.


 

Cheers Dave.

 

And sorry yeah should have mentioned I own the apartment. So could potentially claim on my insurance but obviously not too keen if it can be avoided. That and the fact the problem originated from upstairs.

 

 

I have specific experience of this.

If it is your own possessions that are damaged then it'll be your own insurance that you have to claim off. Nobody else has insured those items but you. Therefore the block policy is irrelevant in that instance. That policy is just for the structure itself which while
It may have been damaged I assume is not your primary concern at this moment in time.

You'll get nowhere trying to claim for your possessions unless you can prove it was as a result of negligence by a third party - an accident isn't negligence.

Therefore any claim will be off your own policy under accidental damage. Either way make sure and notify the insurance company within the specified time if you think there will be a claim.

Edit: sorry, just reread the OP. The ceiling could be covered by the block policy if it was there when the apartment was built and classified as part of the original construction. The mirror certainly isn't. In respect of the ceiling you could seek the management company reimburse you the repair cost as they are obliged to insure the structure and the excess isn't your problem. Or else withhold service charges until they write off the cost of repair.

Edited by eire77 - 13 Sep 2016 at 4:37pm
Just because I'm paranoid doesn't mean they aren't out to get me...
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Would your insurance go up if you claimed for something like this? 
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Ray Houghton
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I assume so. I have a 40% reduction due to no claims.
Just because I'm paranoid doesn't mean they aren't out to get me...
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This happened to me last year.

The owner upstairs put a nail through the floorboards and hit a pipe causing damage to my roof

The guy upstairs admitted fault and let his insurance company know.

I was advised I would have to claim off my insurance and then my insurance company would claim off his.
He paid the excess of £200 which was sound.

However my insurance company weren't able to claim off his insurance so I got hit with the loss of no claims benefit Angry

Bloody annoying getting stung.

My advise - Try and get the claim off somebody else's insurance before you claim off yours. 
good luck

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Get your self an assessor. He will take 7 or 10%,but will be worth it. He will fight for every penny. I used a great lad recently
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Cheers for all the advice lads. Thumbs Up
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I work for a property management company in England so hear of these things regularly. If its structural damage to the building eg the ceiling you can claim on the block policy, the person making the claim would normally pay the excess, so try and get the flat above to make the claim. If its personal items that are damaged this would be down to your own contents insurance.

If the damage to repair is less than the excess try and get upstairs to pay, for the repiars, if the person above is the tenant and doesn't know/won't tell you who the owner is, ask the management company to get in touch with the owner.  They won't tell you without his permission, but if he agrees they can tell you. You could be lucky and he could be a reasonable landlord and pay for the damage, he may own several properties and be well able to afford it.

Its doubtful the management company would pay for any damage, if the leak is from within the flat as I'm guessing they only manage communal areas.  It's worth asking though, if they have social media on twitter or facebook tweet them about it, this will get a quicker response, they won't want the bad publicity.
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Points: 25076 		Post Options Post Options   Thanks (0) Thanks(0)   Quote irishmufc Quote  Post ReplyReply Direct Link To This Post Posted: 13 Sep 2016 at 9:22pm
Originally posted by Baldrick Baldrick wrote:

How do you know he is a tenant.


This is the exact type of post that gives you your signature pedantic title.

Have you ever not acted on assumption ever?

Anyone reading Devorex's opening post would assume he was a tenant and responded on that basis.

I said it before on here, you look for an argument where there isn't one.
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