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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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had a leak in my home I am a homeowner, the leak was from upstairs

Resolved Question:

had a leak in my home I am a homeowner, the leak was from upstairs properties main water pipe which runs through my kitchen. This burst and flooded my kitchen, my hall and has potentially ruined all white goods in kitchen.

Contacted the council as to who pays to repair my home as its council properties pipe so should be their responsibility. they are telling me to claim on my home insurance to make the repairs.

Why should I pay to repair damaged caused by someone else's water pipe
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you contacted your upstairs neighbours about this please?
Customer: replied 3 years ago.

She knew as she was informed her water was being turnt off as her main pipe had burst in my property


 

Expert:  Jo C. replied 3 years ago.
Thanks

Of course the council will tell you to claim on your own insurance. That's because they do not want to pay the claim themselves!

The solution is relatively simple.

Give the council an estimate for the damage and tell them that this is their responsibility in negligence for failing to maintain the property. Expect them to say that this was not reasonably foreseeable but in all honesty, I cannot see how well it cannot be reasonably foreseeable.

I would not enter into lengthy correspondence but issue small claims court proceedings against the council for whatever it costs to put the damage right. I cannot see why you should have to claim on your insurance even if you.

You can easily issue Small Claims Court proceedings here www.moneyclaim.gov.uk

There is one caveat and that is that if the damage was caused by the tenant upstairs, these proceedings are issued against the tenant personally and not the council

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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