I must say an excess of 1000 for water damage is very high. What Happens If Our Business Changes Hands? Nuisance claims often include: Tree root damage. It would need to be proven that you were legally liable for the damages caused and you were negligent in your actions. We provide free legal advice on service charges and administration charges, Government funded, independent advice for residential leaseholders and park home residents, Application to the First-tier Tribunal (Property Chamber), Houses - Buying the Freehold and Lease Extension, Department for Leveling Up, Housing & Communities logo, Houses Buying the Freehold and Lease Extension, Frequently Asked Questions on the Rights and Obligations of leaseholders. On that, our page regarding business interruption insurance is useful too. We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Right everyone, listen to me! to take all reasonable steps at their disposal to stop the leak and prevent the damage increasing. Would she have to pay half of my excess, or half of the repair costs if I decide not to go through my insurance? "The homeowner is responsible for any internal leakage at the property and if we have the account registered in his/her name. See our privacy policy for details about information we hold, how we use it and how you can access it. An example of which is: It would be different if the cause was directly due to the occupiers/owners negligent actions. Read what we're saying about a range of issues. Who is liable for these depends on the cause of the leak. You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings. Importantly, start making a note of everything that has been damaged or lost. Understand the key things you should know about your lease. Some say that if the damage is rectified through one flats insurance, the excess is then shared by all the freeholders. After you have spoken to the right people (more on that next) make sure that if nobody knows exactly where the water leaks is that a professional leak detection company such as ourselves is appointed. Help! No one is taking responsibility for the leaking flat above Specialist legal advice should be sought before an action is commenced in court. Copyright 2023 Leasehold Advisory Service, Registered in England No: 3296985. To my complete surprise, she insisted that the upstairs flat is responsible for the damage, even if there was no negligence involved, simply because it originated in her flat, and I shouldn't even go through my insurance. The cookies is used to store the user consent for the cookies in the category "Necessary". Even if they did, the upstairs flat would hopefully have a buildings/contents insurance in place which may well include liability cover for such instances.
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water leak from upstairs flat who is liable uk