Insurance claim?

[Tipper]

We've just had a major water leak in the flats next door that have affected the decoration in my house. Although the damage is limited and not as bad as that to a lower flat and shop next door it is disfiguring and distressing particularly as it has been recently redecorated.

It appears a plumber working for a builder working for a flat leaseholder failed to tighten a water fitting correctly and it came apart over a weekend causing floods of water in the flat and shop below and into the party wall and hence through my wall due to the positioning of cavity trays/closers.

The management company appears to think they are not involved as the problem originated with the bad plumber and he/the builder are liable. They appear to have written to their insurer along the lines of telling them it happened but not expecting a 'claim' to be made. I have written to the management company advising them of the damage and effectively claiming for repairs.

I have no buildings insurance as it's leasehold so to whom do I actually present my claim?

[jeffrey]

You need to insist that the Mgt. Co. lodges a claim.
The block's insurer (I1) then contacts the plumber's insurer (I2). What happens thereafter is negotiated between them. Either way, I1 ought to pay-out so as to compensate you; and I1 is then subrogated [look it up on LZ] to your rights against the plumber and I2.

[Tipper]

Thanks Jeffrey.

That's what I was thinking but the ManCo seemed to think otherwise. I'll write again pressing for the claim to be presented to the Insurer.

An interesting point has also evolved.....the ManCo insure the building and the 'structure' is defined in the lease. On re-reading the lease because of the above it appears perhaps that I should insure the intermediate floors in my house, 3 timber suspended floors and staircases and stud partitions, and perhaps the kitchen and other fixtures and fittings as these seem to be excluded from the 'structure'. Is this so? I currently only have contents insurance for my personal possessions and furniture, etc, not what is also contained within the shell of the building structure. Is there such a thing as leaseholders insurance to cover the gap?

[jeffrey]

If part of the building is T's responsibility, there must be covenants binding you to maintain/repair- so ask your insurer for a quotation.