i currently own a 2nd floor flat & 3months ago the flat above sprang a leak from the bathroom & damaged my kitchen,bathroom. my letting agent got onto theres & they have admitted responsibility.however the flat management company have now informed me that the work will get done but i must pay there excess (£200) and that the carpet in the bathroom is not part of the buildings insurance and i am therefore not covered for it so i have to pay to replace it myself. can anyone tell me where i stand legally on this matter
2007-02-27 07:26:05 · 8 answers · asked by ubique3446 1 in Business & Finance ➔ Insurance
You are not liable for this, they will recover their excess from the third party insurers, dispute their claim in writing pointing out that in recovering from you they will benefit twice from your discomfort.
As regards the carpet, you have a valid claim on the upstairs flat tennant or landlord. Put your claim in writing to both the occupier and the owner and ask for the name and address of their insurers and the relavent policy number, send the letter recorded delivery and send reminders each seven days until they respond.
2007-02-27 09:34:58 · answer #1 · answered by streetblitzer 3 · 0⤊ 0⤋
OK.. I can tell you the US rules and regs.. but because of the $$ you used, it may or not apply to you.. but then, you're already braced for NO, so anything else would be a bonus.
If the owner has admitted that one of their pipes broke and caused the damage, then it is their responsibility to repair damage caused to the building... the building includes stationary carpeting, linoleum, the things that are attached to the building. if the carpet is something that you brought and can roll up and take with you... you're on your own.
You might want to check into a renter's policy. that protects your property when something like this happens.. it's a lot easier when you have a big bad insurance company on your side to do battle with your landlord's big bad insurance company.. Let them duke it out.
They might have a Legal Liability clause.... something to check into.. you could ask to check into it.. they really left they really left their rearends hanging out admitting that it was their fault.. That my be your ace.
2007-03-04 18:21:53 · answer #2 · answered by larsgirl 4 · 0⤊ 0⤋
There is a good chance the carpet is your responsiblity. That why everyone should have a tenant policy! As far as the excess from an insurance stand point I cannot see that this should be on you, but without seeing your lease I could not say for sure!
2007-02-27 07:35:57 · answer #3 · answered by used2bpale 2 · 0⤊ 0⤋
You claim on your insurance and they claim from the other persons insurance. The other person should pay you the excess as the problem originated on their property. If they are not insured then they must pay you from their personal finances. The carpet should be covered on your home contents policy.
2007-02-27 20:34:19 · answer #4 · answered by ANF 7 · 0⤊ 0⤋
The admission of liability in principle opens the door to you recovering any concequental loss. The fact that the other party's insurance does not cover the outstanding items is their hard luck.
not yours. Write more politely than this to the other party indicating that if they are not forthcoming you will consider legal action.
2007-02-27 21:09:50 · answer #5 · answered by fred35 6 · 0⤊ 0⤋
I would think you should pay your excess but should claim it back off the other insurance company
2007-02-27 07:32:04 · answer #6 · answered by Sally F 1 · 0⤊ 0⤋
You should be claiming on someone else's insurance love. Not yours!
2007-02-27 07:29:02 · answer #7 · answered by Chris B 3 · 0⤊ 0⤋
NOT YOUR BILL..THEY CAN BILL THE TENANTS ABOVE WHO CAUSED THE DAMAGE AND YOU NEED TO LET THEM KNOW THAT..
ELSE A LAWSUIT IS IN DEMAND..
2007-02-27 07:30:37 · answer #8 · answered by cork 7 · 0⤊ 0⤋