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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I look after a block of apartments one of the apartments has

Resolved Question:

I look after a block of apartments one of the apartments has had a water leak from their washing maching causing approx 15/20k of damage to the building. the insurance for the building has loss of rent cover and the owner also has loss of rent cover on her contents which include the washing maching.
Who is liable to pay the loss of rent as the building is uninhabitable?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this. Can you just tell me in what capacity do you look after the block?

Customer: I am an owner- we run the management company ourselves
LondonlawyerJ :

As a point of general principle it will be for the person whose leak has caused the damage to pay for the damage caused. The building has been damaged and you will need to get the insurers involved and they will negotiate with the person who caused the flood's insurers. Is this what is happening? Does the insurance cover this sort of flood damage? Is everyone there an owner?

LondonlawyerJ :

Without full details of the insurance contracts for both parties I can not answer. You are suffering loss of income due to one of your tenant's flooding the building, was it your washing machine that leaked?

Customer:

The insurance company is involved as are two lots of loss adjusters. It is not my maching but another owners that leaked. we just wanted a definative as to is it the building ins that should pay the loss of rent ot the owners contents ins that should pay as it was the washing maching that caused the damage in the first instance.

LondonlawyerJ :

The general principle is that the the person who caused the problem should pay. But the answer will be contained in the insurance policies themselves.

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