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Legal matters

Leak from our flat into shop below

8 replies

Gryffindor · 17/07/2014 10:12

I own a flat which I rent out to tenants. I lived there until last year.

On Monday I had a call to say that the pipe below the bathroom sink had ruptured and caused a leak into the office/shop below. By then my tenants had turned off the water at the mains.

I immediately authorised the management company to send in a team to remedy the damage to the ceiling downstairs, take a water vac etc to dry out the building. Luckily this damage is covered by buildings insurance, so I should only have to pay the 300 excess.

The company downstairs say that the water has caused damage to some of their office equipment, including computers, phones etc.

My understanding is that as the leak was accidental and not caused by negligence (e.g. an overflowing bath) I am not liable to cover damage to their equipment. The CAB website suggests that the company would need to claim on their contents insurance for the damage.

Apparently the company does not have contents insurance and is expecting us to pay. I don't know how much they are claiming for but expect it to be a lot. They have threatened (via the management company) to take legal action.

Is anyone able to advise on whether my understanding is correct and that in these cases the expectation is for the shop to claim on their contents insurance? That being the case, surely the fact that they don't have such insurance isn't my fault and doesn't impact on my liability?

Stupidly, I didn't have landlord insurance. I just didn't realise how important it is, and I am by no means a professional landlord. I have now taken out cover, but obviously it will not cover this incident.

Thank you so much in advance. Very worried!

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specialsubject · 17/07/2014 14:04

no landlord insurance??? You are very lucky it wasn't worse, but I fear that your current insurance isn't valid because you don't live in the property. So you really had better hope that the shop below have insurance.

do you also have a gas safe certificate (if the property has gas) and have you protected the deposit? Does your mortgage company know you are renting the place?

all landlords need to be professional, it is a business.

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specialsubject · 17/07/2014 14:05

sorry - you said they don't have insurance. I meant 'you had better hope that they would not have been able to claim from your policy if you had one.

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Gryffindor · 17/07/2014 14:11

In retrospect I see how exposed I have been not having landlord insurance. I know I'm lucky the leak wasn't worse, or that nothing else has happened.

My flat is rented out via an agency who hold the deposit in accordance with regulations. There is a valid gas certificate in place. The mortgage company know it is rented.

From looking online it seems as though I am not liable to replace their office equipment (two computers, printers and phone - just received the list) and that in the usual course they would be expected to claim for these via contents insurance.

The pipe is repaired and I will pay the excess on the buildings insurance for drying the building out.

Am I right?

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Gryffindor · 17/07/2014 14:15

NB our property management company have made supportive noises in our favour - that they do not believe we need to cover the equipment as the leak was accidental.

However this will not stop the company taking legal action against us if they choose to.

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specialsubject · 17/07/2014 14:19

ok - although do double-check that the deposit is lodged with one of the three approved schemes, and that the tenants have been given the information about this. If the agency get it wrong/can't be bothered, it comes back on YOU.

I am still concerned that you buildings insurance also wasn't valid - really hope I'm wrong. If it is valid, it may have legal expenses cover which you are going to need.

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TensionWheelsCoolHeels · 17/07/2014 21:18

You've put yourself in a difficult position by attending to the damage in their property i.e. their ceiling. You aren't liable for that as a result of your own pipes leaking. You are responsible for fixing the cause but the damage to their property, both the building (ceiling) and contents (electrical items) is their responsibility. Ideally they'd have insurance to cover their loss but ultimately they have to prove you knew about an issue with your pipes but failed to do anything i.e. the incident was foreseeable and preventable yet you failed to act. You need to tell them that they are lucky you have fixed the ceiling as you are not liable but you are not paying for other damaged items as the event was not foreseeable and therefore not preventable.

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Gryffindor · 17/07/2014 21:46

Thank you Tension. The management company are arranging for the ceiling to be fixed, and this will be incorporated into the claim on buildings insurance. Hopefully this won't amount to an admission of liability. We are paying the excess as it also includes the emergency work needed to stop the leak and dry out the building.

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Gryffindor · 20/07/2014 19:44

Bumping just in case there are any more posters with leak knowledge. Thank you!

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