Water damage – who is responsible?

This topic contains 17 replies, has 8 voices, and was last updated by  jj 1 week, 4 days ago.

Viewing 18 posts - 1 through 18 (of 18 total)
  • Author
    Posts
  • #4430

    billmurray
    Participant

    We’ve had damage to our flat from the flat of Council tenants above – water leaking through deteriorated bathroom grouting. A Council officer has told me verbally that the repairs are my responsibility – neither the tenants nor the Council having any responsibility. I find this difficult to accept, and fellow leaseholders have told me that it is not the case. Does anyone know of any reliable guidance on what I suspect is not an uncommon problem?
    Thanks in advance.

    #4431

    Tardigrade
    Participant

    Sadly in same position – upstairs balcony not waterproof and wrecked my ceiling paint. I got told the same thing, and from a quick google browse, I unfortunately thing they may be right. I believe if someone is egregiously negligent – example being given as leaving the bathroom tap on – you can make a claim which is then spread amongst all leaseholders (even though it is a claim against 1 person – weird). Otherwise, it is a case of claiming on your own insurance. Something I don’t fancy doing as I’ll lose my “no claims”. If you find out anything positive, please do report back!

    #4434

    Kathleen1296
    Participant

    I am in the same situation I have had damage to my flat from the flat of Leaseholder above my flat – water leaking through damaged my kitchen ceiling wallpaper and this is the third time. All past repairs have been done by me. As I write, the problem has not been solved the kitchen ceiling wall paper has to be replaced. I am so upset as I don’t know how to resolve this problem. Does anyone know of any reliable guidance or help as to how I can solve my problem. NW1 0LA

    #4439

    MFranklin
    Participant

    If that flat did the damage it should be their responsibility. If it was another car crashing into yours the driver of the car that did the damage could not tell you it was there fault. Well they could but if there were witnesses they wouldn’t get away with it. So do the same. Take some pictures of the damage and tell them their flat is causing damage to yours. Tell them they need to fix their problem asap and I think what has to be done is you report this to your insurance then your insurance contacts their insurance and it is sorted out. If you are a leaseholder, your policy for your flat is through the block policy for the building so you need to call them up. Probably is the Zurich one tel them the problem and the flat number that caused it then they will investigate and they will either send a contractor to get it fixed or ask you to find one and then pay you for the amount you have to pay the damage. If worse came to worse, you would have to tell the Council you would take them to court to get the damage fixed. That should get them thinking. We had water damage once from upstairs flat. The block insurance paid for the damage. Didn’t approach the council, just contacted the insurance.

    #4479

    mark
    Participant

    I have the same problem—kitchen and bathroom damage from leak upstairs. There is an excess fee to pay on our block insurance. Camden Council should pay (as a landlord to the tenants in the flat above). But how do I get them to pay? Small claims court, perhaps? What hassle! Grateful for your thoughts.

    #4501

    jj
    Participant

    Hi,

    I too have the same problem of damage from a leak from the flat above me (who is a Leaseholder). Please would someone post up the details of the Block Insurance company & any useful advice you could give me on making a claim – thanks

    Ps I have a video & pictures of the damage.

    #4502

    Peter Wright
    Participant

    If your property causes a leak (whether you are Camden as a landlord or a leaseholder) one you know there is a leak you are responsible for stopping it with all appropriate speed. If you do not do this, you become liable at least for any excess damage from being late. So, if Camden knows there is a defect in a tenanted flat and does not repair it, they are liable. Leaseholders are liable if there is a leak and they were negligent or failed to stop it as soon as they became aware of it. There is a £250 excess on Camden’s building insurance if you claim for water damage, which you can recover as set out.

    Peter Wright

    #4839

    Dina Char
    Participant

    I have the same problem—kitchen and bathroom damage from the leak upstairs. And I call Water damage restoration they fix it easily.

    #4885

    jj
    Participant

    Hi,

    Just got home to find my entire flat flooded by the Leaseholder in the flat above me, no lights as the mains have tripped & I’m unable to reset it, food cupboard soaking wet & food soiled, all my clothes & bed are soaking wet, even my oven is wet inside! I’ve called Camden Emergency Services & have been told that I need to sort out my own electrician (as I’m a Leaseholder) & I’ll have to wait until Monday to talk to Leaseholder Services. Not sure how this works in claiming insurance particularly with a very uncooperative neighbour who has flooded my flat a number of times. I want to get the issue resolved so it doesn’t happen again, but envisage this being difficult. Any advice please?

    #4887

    Peter Wright
    Participant

    jj

    If you have had that much damage, has it also affected a tenanted flat? Have you any idea why the leaseholder above you has had several leaks? Are they resident or sub-letting?

    If a tenanted property was affected, Camden can get involved.

    #4893

    jj
    Participant

    Hi Peter,

    I’m on the ground floor, the flood came from the Leaseholder on the first floor…Yes a council tennant’s flat was effected, plus there was water running down the stairwell and in the communal hallway on the ground floor. As mentioned above I called the council emergency services who sent out a caretaker, obviously he wouldn’t do anything to assist me but he did use a machine to suck up all the water in the communal areas. Engineers was out all day yesterday, they sent a letter to let everyone know that they would be turning the water off between 9am & 3pm. The flood most probably happened due the Leaseholder leaving a tap on/open (which is fine when the water is off), but no so great after 3pm when the engineers turned the mains back on…

    • This reply was modified 1 week, 6 days ago by  jj.
    #4895

    jj
    Participant

    in essence their tap had been running since 3pm hence so much water damage to my next door neighbour’s & my flat.

    #4897

    Peter Wright
    Participant

    jj,

    Thanks; is your next-door neighbour a tenant or leaseholder?

    #4898

    jj
    Participant

    Council Tennant

    #4902

    Peter Wright
    Participant

    Suggest you and tenant work together if you have both had damage.

    Basically, you claim for repairs on the block insurance policy. There is a £250 excess and you seek to recover that from the leaseholder who left the tap on, which was negligent assuming Camden warned appropriately in their letter. If necessary, you claim that through the small claims court, using evidence from Camden on what happened. But, you have to approach the leaseholder first.

    #4903

    jj
    Participant

    When you say “evidence from Camden on what happened” Do you mean letter sent out, please clarify.

    Also as the damage is quite extensive i.e. extending cracks on all ceiling & evidence of this spreading down the walls. I really feel it imperative that when I do my repairs the Leasholder above me, does work to resolve the on going problem with their floor…as I do not want to be back to square one of there is another leak, is there anyway that I can press for them to do preventative work on their flat?

    #4904

    Peter Wright
    Participant

    You need to get their view on what happened as Camden workmen have come in. If there are cracks and so structural repairs you will need Camden to come and inspect in any case, as the work could be so extensive as to be structural and so mean they would have to do it. See your lease.

    #4905

    jj
    Participant

    Why Camden & not insurers? Camden always seem very reluctant to do anything for Leaseholders, I’m not disputing what you’re saying but it seems rather contradictory.

Viewing 18 posts - 1 through 18 (of 18 total)

You must be logged in to reply to this topic.