Re: I just caused flood to flat below help please..

Bob_Latchford wrote:
If a flat, then the "LANDLORDS BUILDINGS INSURANCE" Should cover any damage to the Old dears flat below check this following statement out :

Jesus, what a load of crap - where did you spring from?


Its clearly stated in the following PDF file, you'll need Adobe reader to view this.

http://www.adviceguide.org.uk/c_buildings_insurance.pdf


(("If you are a tenant, ((in a block of flats)) then your landlord usually has responsibility for the buildings insurance. Check that your landlord has taken out buildings insurance. You may also have some responsibility for certain loss or damage to fixtures and fittings. Check your tenancy agreement for this. Your household contents insurance may cover some of these losses"))
There's more here:

The landlord (insurance) is responsible for if the place falls down or burns down.
The tenants need to insure for stuff that goes wrong within, floods/thefts/crap internet advice etc.
Their own insurance will cover them for shit that happens from above.
It won't cover them for shit that happens below, unless the below decides to sue them for it - and then they might.


Bottom line to the OP - let the person below claim off her own insurance - and it might cost you nothing....








Responsibility for repairs

Many written tenancy agreements say which repairs the landlord must do and which ones the tenant must do. For most tenancies, if the agreement is for less than seven years, the Landlord and Tenant Act of 1985 means all landlords must keep certain things in good repair, whether or not there is a written agreement. These are:
the structure and outside of the property; water, gas, electricity and drainage installations; and heating and hot water systems. Landlords must also maintain gas flues and appliances belonging to them, and get them tested every year by a Corgi registered gas fitter (one who is registered with the Council for Registered Gas Installers). They must also give the tenant a copy of the safety certificate. In furnished flats and houses, upholstery and soft furnishings must meet fire regulations. For tenancies that started on or after 15 January 1989, the landlord must also keep the common areas (shared stairways, hallways and lifts, for example) in good repair. In a block of flats, they must do necessary work on any empty flats they own (for example, to prevent leaking pipes affecting flats below).
If your tenancy started before 15 January 1989, the situation is more complicated and you should get advice. Your landlord's responsibilities will depend on whether your contract says you are responsible for common areas.
'Keep in repair' includes doing repairs that were already needed when the tenancy started, and not just problems that have arisen since. The landlord must also 'make good' or redecorate when a repair is finished. As long as the landlord gives notice, they normally have the right to come into the tenant's home to check its condition and do any repairs that are needed. They should give notice of at least 24 hours in writing, except in an emergency.
Legally, repair is not the same as renewal or improvement of a property. If you're not sure whether something counts as a repair, a housing aid centre or other advice centre should be able to help you.

Getting repairs done

The tenant (or tenants' association) should tell the landlord about things that need repairing as soon as possible. It is best to do this in writing and keep copies of the letters. If the repairs aren't done, the tenant should get advice from a solicitor, Citizens Advice Bureau or housing advice centre. This is because, depending on the type of tenancy, the landlord could try to: evict the tenant at the end of the tenancy period rather than do the repairs (assured shorthold tenants and licensees could be at risk of this); or increase the rent when repairs have been done (this could affect regulated tenants). In many situations, though, it is still worth taking action. If the tenant has told the landlord about repairs and they are not done in a reasonable time, or not done properly, the tenant can make a claim in the county court. You should get expert advice before doing this (see 'Further help' for where to find help). The court can order the landlord to do the repairs. It can also award the tenant compensation for distress and inconvenience. A quicker option may be to get an injunction from the courts, which forces a landlord to do the repairs (again, you will need advice before doing this). This may be combined with a claim for compensation. Whatever happens, you should never stop paying rent, as this could give the landlord a reason to evict you.

If a tenant has to move out while major repair work is done, they may be able to claim the cost of somewhere else to stay. But you should get advice before moving out, because even a temporary move could mean losing some rights as a tenant. If you stay while the work is done, you may be able to claim compensation from the landlord for discomfort and inconvenience. Licensees are normally in a much weaker position than tenants if they want to get repairs done. A landlord normally doesn't have to carry out any work that is not set out in the licence agreement.
If the house or flat is unsafe If a home is not 'hazardous' (its condition is seriously affecting the health or safety of the tenants) or if it needs other kinds of major repairs, the tenant should contact the local council's environmental health officer. The council can order the landlord to do the repairs. If they don't do them within a reasonable time, the council can: take legal action against the landlord; or do the work itself and get the cost back from the landlord. If the condition of the house or flat is affecting a tenant's health the local council can also take action against the landlord. If the local council won't do anything, the tenant can get the magistrates' court to force the landlord to fix the property

(Under the Environmental Protection Act 1990). You will need expert advice to do this.
If the tenant arranges their own repairs, If the landlord won't do minor repairs, a tenant can get the work done themselves. You can take the cost of the repairs out of your rent. But you must get advice first, because you must follow a special procedure, as follows: 1. Write to the landlord explaining that if the landlord doesn't do the work within a reasonable time (two weeks, for example) you are going to do it yourself and claim back the money.

2. If the work is not done in this time, get three quotes for the work.

3. Send the quotes to the landlord with a letter explaining that you will go ahead with the cheapest quote unless the landlord arranges for the repairs to be done within a certain time (two weeks, for example).

4. If the work is not done in this time, arrange for the work to be done by the company or tradesperson who provided the cheapest quote.

5. Pay for the work and send a copy of the receipt to the landlord.

6. Ask the landlord to refund the money.

7. If the landlord does not refund the money, write to them explaining that you are going to take the money from future rent payments. If you don't follow this procedure, you may still be liable to pay all the rent. And people with assured shorthold tenancies can still be evicted for not paying their rent even if they have followed this procedure.
Making improvements to the house or flat : Private tenants can make improvements to their home only if the landlord has given their written agreement first. Tenants cannot claim back the money they've spent unless the landlord agrees to this at the outset.

I'm betting your wishing you hadn't bothered now aren't you.........


Rob Latchford


"Mogga" <di@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx:4clh43dge26sdl1b1g0e30hug54jrouhuj@xxxxxxxxxx

Hello legal experts,It's a miserable day for me. I plumbed the bath last night for my girlfriend to have a bath while I
was away for 2 weeks. She heard a band and pop, and saw water leaking from under the bath. She rushed to turn it off, which was done in a few minutes. However even though there is a thick concrete ceiling between us, somehow it
managed to leak through her kitchen light fitting. Manchester city council's repair service when faced with this very
problem insisted that it wasn't a problem and that letting it dry out on its own was the best thing to do. I think they did suggest not touching the light bulb though. I rushed home (3 hours away and M25 to deal with) to find that the lady below has already left ! My girlfriend made every effort to help with towels etc. Turn out one bucket was filled, and for safety I suggest turning the power off. I was expecting to turn on the sockets for the lady below when I returned home, but as I say she is not at home. She is an old lady who it appears has already phoned her insurance, and it seems her family have already taken her away before any resolution can be looked at.

So I need to know what to do. Clearly I have to pay, and would like to pay for whatever damage is caused.

At the moment we cannot tell if the ceiling is just wet or totally damaged.

I am wondering however in today legal negligence world if she is trying to get as much out of me as she can. We are good friendly neighbours. So where does this leave me. Can I assume that for her, her insurers will pay up and they will look to get their money back somehow. And if that's directly to me for negligence then that's how it will go maybe ?I took out accidental cover in the hope that if anything like this happened then I would be covered, but I was told that I am not


.

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