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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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My property has suffered water damage from the tenanted flat

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My property has suffered water damage from the tenanted flat above me. The landlord is insisting I claim through my insurance company who in turn will claim back from his. Due to my large excess this could leave me out of pocket. This dispute has be going on for 5 weeks so far, and my flat remains unoccupied as a consequence. Can I insist he uses his own insurance directly? Can I claim for loss of rental income?
Thank you for any guidance on this.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you the landlord of this property?
Customer: replied 2 years ago.
It is a Victorian conversion. I own the bottom flat and another landlord owns the 1st floor flat
Customer: replied 2 years ago.
This property is in England
Yes, what I need to know is are you the landlord?
Customer: replied 2 years ago.
Yes I am the landlord of the ground floor flat and the owner of the property that has the water damage.
I do not own the 1st floor flat, this has tenants in who are the source of the water damage.
Your claim is against the tenants or the landlord on their behalf.
Whether he claims upon his insurance or not is not your problem.
You are not under an obligation to claim upon your insurance although you could and it might be that they are the easier defendant.
If you were caused income loss then you do have a claim as it is consequential. You do have to show that you were unable to get a tenant in during that period and you have to show that you took steps to mitigate your loss swiftly though.
You certainly have a claim for the damage.
Can I clarify anything for you?
Customer: replied 2 years ago.
I am not sure what eveidence I need to have to claim loss of earning as a result of having no tenant?
I have been very pro active in trying to resolve this matter but the landlord just does not want to pay for the damage.
I have a string of emails that show I have been proactive and photographic evidence of the mould on the walls which have been shown to the landlord.
I am also having to go through a letting agent who acts for the landlord which makes it even more difficult.
I am understanding from your comment that I can insist that they use their insurance company or pay for the repair themselves, without involving my insurance company.
Well, that you had no tenant and that was caused by the condition of the property.
The Court would want to understand what action you took to put this right and put the property back into lettable condition.
if you have just left it then the Court could say you hadn't mitigated.
You can sue them personally or the landlord or his insurance company. You don't have to report to yours unless there is a condition in your contract that you do disclose.
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