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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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As an Indoor Bowling Club we rent our premises from the local

Resolved Question:

As an Indoor Bowling Club we rent our premises from the local council. They are responsible for the outside of the building - including insurance - we are responsible for the inside. We recently had water damage to the wallpaper in part of the lounge due to a leak in the roof. The council are saying that their insurance will only pay for the repair of the damaged area which is not practical as the whole lounge must be redecorated. We will be faced with costs of about £6000 to which they will contribute about £100. This does not seem reasonable to us - but are they legally correct?
regards
Mike Penfold
Secretary
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the leak caused by council negligence in maintenance or was it just an unfortunate leak which was not anyone's particular fault please?

Joshua :

Do you maintain contents insurance as a club?

Customer:

We have contents insurance

Customer:

Did you get my reply - leak was caused by vandals blocking roof drainage, we as a club hold contenets insurance

Joshua :

Thanks - sorry no I didn't but I have now. I presume the vandals have not been caught? Finally have you confirmed with your contents insurer whether your cover will cover the damage?

Customer:

Vandals were not caught, our insurer says caused by leaky roof so not his area of responsibility.

Joshua :

Thanks. The starting point for this is that the council I regret is not liable for damage to your contents unless they are negligent in their obligations under the lease which from what you say they are not as leak was caused by vandals.

Joshua :

if the vandals were found, they could be sued but it is unlikely this would assist as their resources are likely limited.

Customer:

They are responsible for insurance cover of the roof -, and surely have accepted liability by offering to pay for repair of the damaged area.

Joshua :

However your contents insurer should cover this issue in principal. Of course it depends upon your cover however I should be inclined to request a copy of your policy and review it in detail. Most contents cover would cover exactly this and it is possible you are being fobbed off which is not at all unusual.

Joshua :

If you believe you have a claim against the insurer in your view and they are refusing you can make a formal complaint and then refer the matter to the Financial Ombudsman for an independent review and determination.

Customer:

Would you expect the contents insurer to pay for the damaged area only or the whole redecoration of the lounge

Joshua :

The contents insurer would ordinarily be liable for any damage caused by flooding to property you are responsible for. If your cover is different to this it would be unusual - though it is of course possible to obtain limited cover in return for lower premiums. The policy will confirm one way or another. If the area can be repaired and made good without redecoration of the whole then this is acceptable but only if the decoration can be made good - i.e. matching or compatible wall paper

Customer:

We cannot match the wallpaper,

Customer:

thks for help

Customer:

regards Mike

Joshua :

In that case whatever work that is required to make good the damage must be completed.

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

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