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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a first floor flat, which is tenanted. There has been

Resolved Question:

I own a first floor flat, which is tenanted. There has been a leak from the washing machine into the downstairs flat, which is owner occupied.

Legally I would like to know the correct course:
1. Does the downstairs flat claim on their contents insurance or
2. Do we have a claim on buildings insurance, which covers the whole property (4 flats in one house).

Obviously the other two flats are not going to be happy about a building insurance claim, which will affect their premium and a claim which has had nothing to do with them.

The downstairs owner has contacted Citizens Advice, who say that I am liable, as the floor is a shared amenity. I am not sure this is correct, as it is an accident in a tenanted flat from a washing machine?

Thank you for your advise.
Liz
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Usually they would claim on their insurance and their insurance may contact your insurance.

Alex Watts :

The same as a car accident.

Alex Watts :

In the fist instance they make their own claim on their insurance which may be claimed against yours.

Alex Watts :

If it came from a washing machine and leaked then it may be the building insurance covers it in any event

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex, thank you for your prompt response. Can you point me to a piece of law that shows that they should claim on their insurance, so that I can back up my claim?

Alex Watts :

I saw documentary and he said they had to do it in 3 hotels all in all

Customer:

Umm, that does not sound very legal and you have not been clear? first you say contents and now you are changing to buildings? Sorry I am confused??

Alex Watts :

OK - perhaps I should clarify.

Alex Watts :

They should claim on their CONTENTS

Alex Watts :

Then they may claim on the flats buildings insurance

Alex Watts :

Then they may also claim on your OWN landlord insurance

Alex Watts :

Does that clarify matters for you?

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