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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I accidentally flooded the flat below and the flat below that.

Customer Question

I accidentally flooded the flat below and the flat below that. The block management have building insurance for accidents, and my landlord is required to have general insurance (or something) as part of the tenancy agreement. I don't have any insurance or any money, is there any way their insurance can be used? It's to pay out for repairs to the flats, not contents.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 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 :

Was there damage to the fabric of the building?

Alex Watts :

But you say there were no contents damaged?

Customer:

The building management company has sent two estimates of cost of repairs to our landlord and he has sent those on to us - the items on the estimates are all parts of the flats themselves, ceiling, walls, skirting board, etc. I think the other tenants claimed for any damaged contents on their own insurance or the damage wasn't bad. However the total cost for the repairs to the two flats is just over £2200, no other damage has been mentioned yet.

I accidentally ran the tap in the kitchen and it overflowed the sink. The flat hasn't been updated in years, although the bath and bathroom sink have overflows the kitchen sink doesn't, for what it's worth.

Alex Watts :

Do you have a copy of the Landlord's policy?

Customer:

Not yet, there is a yellowed document from 1989 in a binder in the flat. My girlfriend (only other joint tenant in the flat) was told by Shelter's advice team that there is no way to compel the landlord to use his insurance. He is a rather difficult person to get along with so we haven't asked him for a copy of his policy yet. Although under section 27.5 of our tenancy agreement we can ask him for a copy of his insurance certificate (I can't remember the wording).

Alex Watts :

Ok - generally if it is the fabric that has been damaged then yes it would the Landlords insurer that would cover this.

Alex Watts :

So yes it should be.

Alex Watts :

However the insurance company could try and pursue you for the layout cost.

Alex Watts :

You need to check the terms and conditions of the policy and see whether it would exclude the fact you left the tap on

Alex Watts :

If it does NOT then you are covered.

Alex Watts :

But yes the Landlord is responsible for insurance and the building

Customer:

Understood

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What is layout cost?

Alex Watts :

Sorry, cost of repair

Alex Watts :

Can I clarify anything else?

Customer:

Just is there a way I can get this transcript emailed to me

Alex Watts :

Once you rate the service the format changes and you can copy and paste it.

Alex Watts :

Or come back to it at any time

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

and thank you for your help - can I use you in real life if I need this done properly?

Alex Watts :

Usually yes, but sadly it is against site rules for me to give you my details.

Customer:

is Alex Watts your real name?

Alex Watts :

You can't look me up, I am sorry

Alex Watts :

Its against site rules, as much as I would like to assist.

Alex Watts :

But you can ask for me on here again for any problems.

Customer:

Alright, thank you for your time.

Alex Watts :

No problem. Please remember to leave feedback before you go today and good luck with this.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Just one more thing, what if the landlord refuses to use their insurance, can they do that? Even if I pay the excess or something.

Expert:  Ash replied 2 years ago.
They can't refuse as they would have to pay the bill!

Alex

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