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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Scenario: Party ‘A' owns the lease to a ground floor flat

Customer Question

Scenario:
Party ‘A’ owns the lease to a ground floor flat in a 4 storey block of flats. Party ‘B’ owns the lease of the flat directly above the flat of Party ‘A’. Party ‘C’ owns the freehold of the block of flats and the building insurance for the block. The flat of Party ‘B’ has a water leak which causes cosmetic damage to the flat of Party ‘A’. Party ‘B’ repairs the leak at their own cost. The building management company gives Party ‘A’ the building insurance details to make a claim. The insurance company approve the claim and following completion of the repairs pays the builder directly, minus an excess of £375.00. As a gesture of good faith, the builder has been paid the excess amount by Party ‘A’.
Question:
Who is legally responsible for the £375.00 excess, Party ‘B’ whose flat the leak originated from or Party ‘C’ who has the insurance policy on the block of flats.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Joshua :

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

Joshua :

Was the leak due to the fault of B - e.g. failing to maintain pipes or leaving a sink overflowing - or was the leak just an accident please and not Bs fault?