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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3018
Experience:  Solicitor at BLM
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In a previous question I asked about the problems of

Customer Question

In a previous question I asked about the problems of flooding from a flat upstairs.
I would like to know if we have a right to claim from the insurance of the flat above. If we claim on our own insurance the cost will rocket up or we might not be able to get cover.
We have been told by the agents of the flat above that we can’t claim against their insurance, There is no guarantee that we will not be flooded again .
Submitted: 15 days ago.
Category: Law
Expert:  Anthony Chendo replied 15 days ago.


Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

If the water emanates from the the flat upstairs then you have a potential nuisance cause of action and negligence aswell. Therefore I suggest you undertake the following steps. Before I proceed do you understand what I have stated?

Customer: replied 15 days ago.
The question of accident and negligence has arisen. Some suggestion we would have to prove negligence or intent!
Expert:  Anthony Chendo replied 15 days ago.

In order to assist in proving negligence you will should secure a the services of a surveyor or plumber to find out the cause of the leak.

If the cause is due to the neighbour's negligence then the insurance company for the neighbour's property ought to foot the bill.

The alternative route is to commence court action against the neighbour to seek to recover the costs to repair the damage caused.

I hope I have clarified the position.

Thanks and stay safe.

Expert:  Anthony Chendo replied 15 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe