Question for those in the trade..... Son owns a ground floor flat leasehold, in a block 3 storeys high. The flat above is rented, a couple of weeks ago they noticed a water leak coming through their ceiling. Went upstairs to the flat above and it appears that the tenant had a loose tap, which they had known about, not reported to their landlord, continued to use and eventually it had come through below. My son called upstairs managing agent, who called Landlord (who lives abroad on the proceeds of his 50 properties), who got tap fixed, as it turns out badly, as a few days later, water came through to 3 rooms, their ensuite, their bathroom and 18month old babies room. I'd estimate roughly with new carpet, new bedroom furniture and replastering of ceilings in the 3 rooms, redecorating the bedroom, as wooden cladding is swelling, their bill will be around £3k-£4k and that's going low, not taking the piss. Landlord has now had the leak fixed properly, and as a gesture of goodwill! has offered to pay half of my sons excess (£350) as he says they have to go through their own insurance due to them all having the same "block insurance", the managing agent is also backing this claim. Obviously with such a large claim their insurance will go up massively next renewal and they can't shop around as this block insurance is mandatory as it covers maintenance of the grounds and other vague stuff. They have seperate contents insurance of their own, which they'd have to claim for the contents damage, which would be probably half of the claim. The new carpet has already cost £700 like for like, just to get the room habitable. I know nothing of this "block insurance" having never been in this position. So, is the landlord and managing agent pulling a fast one? Does my son have to call it quits, do it all through the joint insurance and suffer the increase? Or is this going to need legal advice and a battle against a landlord who is out of the country or a dopey tenant on another planet, without a pot to piss in? I'm feeling this isn't gonna end well for the innocent party. Any ideas from the great and knowledgeable on here? Ta.
I’d just get your son to contact his own insurance company and tell them what you’ve just said. Let the insurance sort it out. In my opinion, your son isn’t responsible for what happens upstairs and shouldn’t have to pay any excess. https://www.endsleigh.co.uk/commercial/landlord-insurance/block-of-flats-insurance/
My father in laws flat leaked on to below. She was on to it in a flash, and rightly so. All sorted amicably and his insurers stumped up. Privately owned (both) but principal is the same. I guess?
Let the op's sons insurer's take it up with the landlords insurance co. Pretty sure they wouldn't want to pay out. If their client wasn't to blame. Neither should he have to suffer an excess. Or increased premium. As I say. Let his insurers handle it. To stop the landlord pulling a fast one. Half the excess my arse. My bro was in the trade many yrs ago and I've spoken to him. That's what he suggests.
Group buildings insurance is usually quoted for annually and charged as part of the leasehold fees. In a leasehold situation where the landowner owns all the lease it’s quite common and all the leaseholders should have been informed at renewal the costs etc effectively both you and the upstairs landlord have the same insurance and will claim against it your sons sons insurance therefore will only go up a small portion as the whole will be covered by everyone else… swings and roundabouts or unfair. It’s a double edged sword so to speak where a claim is made your son should claim directly to the group insurer, there will a pre agreed excess, notified yearly. He may have to notify the agency or freeholder but he shouldn’t in law, the insurance belongs to the leaseholders once provided by the freeholder The leaseholder is of course is welcome to re negotiate on behalf of the group at renewal, he/she should be looking to secure the best price and cover contents remain the business of the individual