Flat Water Leak question

[Django x2]

Hi all,

I had a leak in my flat from below the sink. It was where the blue plastic feed comes into the flat to the stopvalve. This hose had split at the connection to the stopvalve and flooded my floor (although under pressure, the actual split was small).

I just mopped up the spill (hard floor), and repaired the pipe and replaced the stopvalve. There was no other damage to my property.

However, my below neighbour, who I get on with, rang me to say that water had come through her ceiling and caused damage to:

Ceiling
Sofa

As we are in flats, buildings insurance is taken care of with our annual maintenance and home contents is sorted out by ourselves.

I rang my home contents and advised them of the leak. They were only interested in damage to my flat. When I asked about the ceiling below I was told that was for the flat below to sort out from their home contents. Most of what I've read on the Google machine seems to clarify that position, although it does seem unfair.

However, our buildings insurance has an excess of £500 which they are saying I am responsible for paying if the claim is put through them. (actually, the management company are saying I am responsible for paying the excess).

I don't remember signing up to a buildings insurance with such a high excess.

So, where do I stand? I have offered to pay halves with the flat below if the issue is not resolved (her quotes are around £200 from independent builders).

TL;DR
Flood in my flat does no damage to my flat but causes damage to ceiling in flat below. Who pays out?

 

[Django x2]

Ceiling and sofa?

I would expect you to pay out. I agree with you that it doesn't seem fair they are affected by your problem and the onus is on them to resolve the issue.

Yeah, the water dripped through the ceiling and has caused discoloration on her sofa (leather). As I say, almost all cases of this online say that the damage to the other flat is (should be) covered under her contents insurance, including the ceiling.

 

[Django x2]

That's not like car insurance. I don't claim on my car insurance if I am not to blame....

 

[Django x2]

Go down and have a look? Surely the sofa isn't ruined?

Pay for a leather professional to come fix it?

I wouldn't have thought so. She can be a bit of a diva sometimes and it's unlikely she'd make me chip up for that.

 

[Django x2]

Per flat, per year, specific Buildings Insurance works out at £24 per month (Total yearly management is around £1500 per flat)

 

[Django x2]

Interestingly, it seems that there should be no excess on this policy and that if there is (chosen by the management company) the shortfall in insurance (ie, the excess) is service chargeable.

 

[Django x2]

It's odd. I can understand your frustration, but equally, if the person above was not negligent and just had a burst pipe, it's a tough cookie for them to swallow too. I've read from the LVT website that if you are charged an excess (which you shouldn't be) then it is best to withhold that amount from your next service charge payable. In theory, if your management company have had to opt for an excess, then that is there problem and should be covered within the service agreement.