Damage & liability


#1

A ceiling, internal wall and floor in my top-floor rental apartment have suffered significant damage (wall is rotting away and crumbling, floorboards damaged) due to a leak from the roof above.

Remedial work appears to have been carried out on the roof issue in the past, although management company denies this.

External repairs are to be carried out and are covered by block policy, but the management committee claim the internal repairs will have to be claimed off my insurance.

As the damage emanated from an external problem, one that I wouldn’t have the responsibility or permission to address, shouldn’t block policy and the management company be responsible for the internal repairs?

If the damage was caused by a leaking pipe from a neighbour, the neighbour would be liable. Surely, with the exterior of the building the responsibility of the management committee (who are well-established and seem reputable), they are on the hook?

Thanks, Pinsters.


#2

You need proper legal advice here, it depends on whether they knew there was a leak …as in did you inform them and when? AND how long the repairs took after they knew.

The Management company have insurance themselves and you/they can claim off that in some circumstances but the first item is stop the leak and stop the ongoing damage.

You will have to move out while remediation is completed, redecorate afterwards. It may be you need to hire a surveyor or engineer to quantify this claim and the works required to remediate and they are the ones who prepare your claim against the management company or block insurance.

Are there other top floor gaffs, have they issues?

Are you prepared to go to a management company AGM to present your claim once it is quantified in full???


#3

I’ve been on the committee of a block.

They have insurance though arguably you had the responsibility to alert them before you did (at least they may think you should have noticed, after all otherwise how would they know - the insurance excess will have to be bourne by other owners/shareholders). Like anything some people take the piss in terms of compensation claims when they should have noticed the bloody issue (a former Junior Minister in our block…) so their instinct will be to deny.