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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 34626
Experience:  Over 5 years in practice
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We live in a block of flats where we pay a considerable

Customer Question

We live in a block of flats where we pay a considerable service charge which incorporates building insurance. We had a very small slow leak in a pipe under the sink which the management company are saying caused part of the plaster of the ceiling downstairs to come off. in getting it fixed the plumber said it had been leaking for a couple of weeks to a month. The are replacing the whole ceiling and say we need to pay the building insurance excess. Is this correct? It was not negligence on our part.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: We fixed the leak as soon as it was discovered. It leaked only slowly when tap was run at full rate for a while.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am not sure what other information is needed, apologies. We were not aware of the leak and when part of the ceiling came down a while back, we had someone come in to check and they did not find any leak
Submitted: 15 days ago.
Category: Law
Expert:  chatham-chamber replied 15 days ago.

Hi,

Thank you for your query. Whom is asking you to pay the excess? Is it your own insurance company?

Customer: replied 15 days ago.
No, the management company
Customer: replied 15 days ago.
i prefer not to pay extra at the moment
Customer: replied 15 days ago.
Apologies, what i meant was it would be better to converse by email at the moment
Customer: replied 15 days ago.
The building insurance is paid via service charge by all flat leaseholders who also have a share of freehold to the management company. The management company organises the building insurance for all the flats. Flat leaseholders/collective freeholder organise our own contents insurance per flat.
Expert:  chatham-chamber replied 15 days ago.

Hi,

Does your lease place an obligation upon you to pay any excess?

Customer: replied 15 days ago.
I will check the lease and get back to you.
Expert:  chatham-chamber replied 15 days ago.

Okay