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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I rent out my flat, I pay a service charge to a management

Customer Question

I rent out my flat, I pay a service charge to a management company who take out Buildings insurance. There was a leak from the boiler in my flat due to the failure of a ballcock and unknown to us there was a further failure with the waste pipe as this was not connected and therefore the water went right down the cavity wall into the flat below causing alot of damage.

The guy below with the damage wants to put a claim in but the management company are saying he is not covered u nder the buildings insurance for the flats, the fault is due to the communal pipework being old and not maintained

My question is can the management company refuse to put in a claim and tell everyone to claim off me. My insurer has been out and told me the claim needs to come off the management company and we have not been negligent as I got it repaired the day after I found out about it.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Customer: replied 3 years ago.

I rent out my flat, I pay a service charge to a management company who take out Buildings insurance. There was a leak from the boiler in my flat due to the failure of a ballcock and unknown to us there was a further failure with the waste pipe as this was not connected and therefore the water went right down the cavity wall into the flat below causing alot of damage.

The guy below with the damage wants to put a claim in but the management company are saying he is not covered u nder the buildings insurance for the flats, the fault is due to the communal pipework being old and not maintained

My question is can the management company refuse to put in a claim and tell everyone to claim off me. My insurer has been out and told me the claim needs to come off the management company and we have not been negligent as I got it repaired the day after I found out about it.


 


Optional Information:
System of Law: England-and-Wales

Already Tried:
I have gone to Aviva the insurers for the flats direct after speaking with the guy in the flat below he has had a loss adjuster out from Aviva and Aviva have told us they have accepted the claim, the loss adjuster who came out has been told by the brokers not to speak to myself or the guy who has the damage to his flat and today found out the claim has been cancelled by the Management company


 


What do I do next ?, the management company will not put the claim through, if the guy comes after me my insurance company will not cover it but it seems the management insurance company will how do I get the claim put through ?

Expert:  Stuart J replied 3 years ago.



If the pipework is old and
not maintained and it is the management company's job to maintain the pipework
then it is the management company that is fault and it is the management
company insurer and that is claimed off. A pipe does not become disconnected
simply because it is old!

If the management company
refused to get their insurance to deal with it, then the claimant should issue
proceedings directly against the management company. If there is an argument as
to who is to deal with this, then your insurance company and the management
company insurance company will have to argue it between them



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



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does remain open for me to answer follow-up questions.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 3 years ago.


Does it make any difference to your answer if I only have standard landlords insurance excluding buildings as I presumed I was covered under the management company insurance ? My insurers have told me we have not been negligent as we repaired the ballcock as soon as we knew, it was only then we found about the pipes in the building.


 


Your help so far is excellent I really appreciate it

Expert:  Stuart J replied 3 years ago.



I think you have probably discharged
your duty however it depends on the repairing covenants in the lease as to whether
you are responsible for the overflow pipe or not.

It would also depend on where
the broken part of the pipe was located



Very often, the lease holder
is responsible for any pipes which exclusively serve the property

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