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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17060
Experience:  30 years as a practising solicitor.
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We have a ground floor flat which is rented out normally.

Customer Question

We have a ground floor flat which is rented out normally. Damp occurred on a wall which basically is caused by water ingress into the porch upstairs and came down inside the wall. the upstairs landlord was aware of the problem but did nothing about it. we did not know about it untill the tennant moved out saying the wall was damp. It is rented through an agent who had not been aware of it either
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The insurance loss adjuster said it was a long term problem. we were not aware of it because a previous owner had concreted the wall, then had it been plastered. so the water was travelling beyond the concrete area. we have owned the flat since Sept 2015. Nothing on the home report and nothing to see.
JA: Where is the flat located?
Customer: what we have done. Told the insurance we disagreed, but told to contact the loss adjuster. Did so, and requested her decision in writing having reminded her she had said it would be reclaimed from the upstairs landlord. we live in Selkirk in the Scottish borders.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is is. O she said the rebuild cost was too low. we used the home report valuation of £100,000 but she said it should be £160,000. Properties are low in price in Selkirk and in 2015 it cost £48,000. One flat upstairs and two downstairs in a detached, converted house.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
we have just had a visitor arrive so will check back after she has gone if that's ok.
Customer: replied 1 year ago.
I’m back
Expert:  JGM replied 1 year ago.

Water ingress over a period of time is not usually an insured risk which your own insurer would cover. We would need to examine the policy. If the landlord upstairs was aware of the issue there would be a claim against him for negligence in that because of his inaction he has caused damage to your property. That claim would not be made by your insurer on your behalf but by your solicitor on your behalf. You would need to raise court proceedings if a settlement cannot be made. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 1 year ago.
though the ingress of water was not noticeable we would not be insured if that is in our policy? Thank you
Expert:  JGM replied 1 year ago.

Unless it is a sudden catastrophic event like a flood or a burst pipe you would not normally be covered and this seems to be a gradual event caused by lack of maintenance so the clam is against the other property owner.