OpenRent Community

Leak from property above

I have had water leaks from a flat above mine

The damage to my flat has been repaired several times by me

The flat above is operated by the council and they have now found the leak and repaired a leaking washing machine

Question, can I sue them for my repair costs, they say I have to use my own insurance policy to cover their leak? This seems unfair as I loose my excess and have a claim against my policy

The general principle is that if its an ‘act of god’ then they don’t necessarily have a liability. If its negligence then they do. This sounds like it could be negligence, although it might be on the part of the tenant rather than the Council. If the tenant isn’t working then there won’t be much point suing them. I would get some advice from a specialist on this.

If it’s the water leak from the flat above you and they are responsible for paying your building repair work only
Either from their building insurance or from themselves
and not contents.

We have Common building insurance for all flats in the individual building and if there is a water leak from the flat above above then that owner is responsible for paying excess
and insurance company pays remainder for and
if the repair work is less than excess then owner pay for it but it has be agreed before the start of repair work.
But if there is an emergency work then it can be
completed without approval/authorisation.

So could you please check if there is a common building insurance

Ok both, I will progress a claim from the council and see what their response is
Thanks

Ian1

Wish you all the best