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 maintainedMy 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-WalesAlready 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 ?
If the pipework is old andnot maintained and it is the management company's job to maintain the pipeworkthen it is the management company that is fault and it is the managementcompany insurer and that is claimed off. A pipe does not become disconnectedsimply because it is old!
If the management companyrefused to get their insurance to deal with it, then the claimant should issueproceedings directly against the management company. If there is an argument asto who is to deal with this, then your insurance company and the managementcompany insurance company will have to argue it between them
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
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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
I think you have probably dischargedyour duty however it depends on the repairing covenants in the lease as to whetheryou are responsible for the overflow pipe or not.
It would also depend on wherethe broken part of the pipe was located
Very often, the lease holderis responsible for any pipes which exclusively serve the property