Thrice bedamned finances

[andrewducker]

A while back I had a leak in my kitchen. Water went through into my downstairs neighbours flat. They have presented me with a bill for repairs of £150. I've spoken to my insurers who said "You have no legal liability for their flat, they should claim from their insurers, it's nothing to do with us at all." The downstairs neighbours have no insurance, being unemployed types. Which leaves me having caused (accidental) damage to someone's flat, unable to claim insurance for it, and honour bound to pay for the repairs (even if not even slighltly legally so)

Anyone care to offer any useful advice here?

Comments

[wolflady26.livejournal.com]

That's kind of weird. That sounds like you hit someone's car, it doesn't run anymore, and your insurance says they're not responsible for the state of someone else's car.

Maybe, since you're not legally liable, you could offer to split the bill?

[heyokish.livejournal.com]

When we had the big leak from the flat upstairs into our rented flat, staining the ceiling so badly it needed a repaint, and possibly a partial replastering job, I asked the letting agent about what would happen. I assumed that the owners of the flat upstairs would be obliged to pay for it. Not at all, I was told. It would be paid for by our landlord, or by his insurance company. Though they said that if it happened twice, it would be usual, and honourable, for the upstairs people to pay for it, though they would not be legally obliged to do so.

Not sure if that helps at all. Perhaps offering a token payment towards their costs would satisfy honour and/or guilt, as long as you make it clear that this is because you want to, and not because you have to. It was an accident, and it's not your fault they are not covered for damage to their place.

[perceval.livejournal.com]

When this happened to me once (I was on the receiving end of substantial water damage - it took a team of two two days to repair), the insurance of the guy living in the flat above us arranged this very efficiently. It's a shame I can't remember their name ...

[chuma.livejournal.com]

Are these friends? If not, explain to them that this is what house insurance is for and that it is not your fault they haven't taken an out. If they get pissy about it offer to get a written note from your insurance detailing the legal position?

Seriously, if this was a car that had minor damage and not a house, and they didn't have car insurance, would you pay for the damage? I certainly wouldn't.

[kurosau.livejournal.com]

How are you honor bound to pay for it? If you're renting, I mean. You don't own the property, the pipes, or any maintenance done to them, and it sounds like you did due diligence in having the problem fixed quickly and efficiently.

[surliminal.livejournal.com]

He owns it.

[drplokta]

Water damage is generally covered by buildings insurance, not contents insurance, and it's very difficult to not have buildings insurance since you have to have it if you have a mortgage or the property is leasehold (might be different in Scotland, admittedly). Are you sure they're not insured?

[secritcrush.livejournal.com]

Are they owners or lettors? If the latter, I'd direct them to their owner. If the former, I would suspect them of lying because (at least in the states) you can't carry a mortgage without having insurance on the property. (don't know if it's true here, but I would suspect that the mortgage owner would expect you to protect their collateral.)

[guyinahat.livejournal.com]

What did they have to have repaired?
They're tennants, so any damage to the fabric of their flat would be covered by the landlord.
My suspicion would be that it's opportunism on their part..

[andrewducker]

They aren't tenants. They bought their place off the council...

[surliminal.livejournal.com]

In that case, as said above, they should have buildings insurance - it wil bera condition of mortgage - did they buy outright in cash? I doubt it. IOn which case they are telling porkies. . tell them, they should claim first and their insurance will contact you.

[pisica.livejournal.com]

When I lived in Tollcross, the upstairs flat sprung a leak.

But the entire building was owned by the same letting agency (never figured out the actual legal situation) so everything was covered and this is not a helpful comment.

I would first of all make sure that every bit of that bill is genuine - look at the work done and talk to the people who did the work.

[khbrown.livejournal.com]

honour bound != legally bound

[missedith01.livejournal.com]

What caused the leak?

[andrewducker]

Pipe joint under my sink.

[ripperlyn.livejournal.com]

Um, I'm sorry, but you are not honour bound to pay for the damages. You have no legal liability and if they aren't insured then they aren't insured. That was their call to make. Sucks for them, but you didn't do anything wrong to cause the damage and you (I assume) made every effort to clear the situation up as quickly as possible.

Unless you have 150 quid sitting around with nothing better to use it on, then I think you go with your insurer's word on this one.

[surliminal.livejournal.com]

Well, actually he probably is legally liable since he owns the flat which prung the leak - in principle, duty of care owed to neighbours..
But my impression is that this is usually handled by the householder claiming off *their* insurance co. That's what happened when my toilet leaked into the flat below for example. I half expected the insurance to come looking for the money back from me, but they never did AFAIK. I'm not totally sure if they asked for it back from MY home insurance tho..

[kelly-lesbo.livejournal.com]

Pay all of it. It's karma neutral, but all materials things are a fleeting illusion, so better harmony between you and your neighbours than not. Make sure they know that you're insurance won't cough up and that you are paying out of your pocket because that's what kind of man you are. The long term benefits you will reap for this are worth more than the short term financial setback.