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View Full Version : Insurance excess in service charge



Oldie62
08-01-2009, 16:51 PM
I am T in block of 14 flats over 4 shop units.
LL insures under 1 policy and apportions premium between residential & commercial

Residential service charge (SC) includes insurance and over many years various claims for claim excesses ( numerous claims ever year before roof replaced)

It appears that claims related to damage from:
a) roof leaks (many)
b) blocked gutter on balcony accessable by only 1 T
c) washing machine/bath over flow from 1 T
d) water damage to entrance hall from adjacent shop

Lease provides for repairs and replacements etc to common parts and insurance.

Question:
Is it valid to charge to SC these excess when damage results from other T's negligence - residential or commercial?

jeffrey
09-01-2009, 08:53 AM
Depends on wording of leases. A lessee whose negligence causes the claim may be made liable for paying the unclaimable excess.