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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15143
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a buy to let property and have had the washing

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I have a buy to let property and have had the washing machine leak and cause damage to my property and the neighbouring property downstairs. The damage to the neighbouring property is mainly cosmetic (walls and ceilings will need re-painting).
A plumber has confirmed that the washing machine has developed a fault due to age and this caused the leak.
My insurers have not accepted the claim so I will be paying for the redecoration of my flat and the neighbours.
The neighbour is claiming damage to personal items (clothing, bedding, personal belongings, furniture , fixtures and fittings). I believe she should be claiming payment for these from her own contents insurance. I believe I am not liable. Is this correct?

Hi,

Thank you for your query. Unfortunately, whether she wishes to claim against her contents insurance is her prerogative.

Ultimately, the damage to the items was as a result of the leak from your flat and therefore, they would be able to claim from you.

I am sorry if this was not the answer you were expecting.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 6 months ago.
Thank you. So even if the damage was accidental, and unforeseen due to wear and tear I am liable?I have had similar situations at a couple of other buy to let properties. On one occasion with a washing machine the cause was a pipe leak / burst. At the time I redecorated the neighbour belows property but was advised by a solicitor that as it was accidental and unforeseen I wouldn’t be responsible for personal items? The solicitor at the time stated that as the pipes couldn’t be proven to be in a state of disrepair I wasn’t liable for damages?
At another property the tenants daughter opened the washing machine mid cycle and caused neighbouring damage to decoration. I paid for redecoration but not personal contents items as I believed it was the tenants responsibility as her daughter caused the damage. Is this correct?

Hi,

The onus would be on the neighbour to prove that the damage to he items occurred as a result of the leak from your property, regardless of whether it was wear and tear.

If they can prove this, you would be liable.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 6 months ago.
I have had similar situations at a couple of other buy to let properties. On one occasion with a washing machine the cause was a pipe leak / burst. At the time I redecorated the neighbour belows property but was advised by a solicitor that as it was accidental and unforeseen I wouldn’t be responsible for personal items? The solicitor at the time stated that as the pipes couldn’t be proven to be in a state of disrepair I wasn’t liable for damages? Is this correct?

Hi,

Yes that is correct but it would come own to what you could attribute the damage to.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 6 months ago.
When you say ....it comes down to what I could attribute the damage to.... what do you mean by this?

By this I mean they would have to prove that the items were damaged as a result of the leak.

I hope this answers your questions. If so kindly rate the answer and provide feedback.

Many thanks

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