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Jacob Oliver
22-09-2006, 09:21 AM
:eek: I have a flat which has incurred major damage twice from Water leaking from flat upstairs - Consequently I have had to pay 2 x £250.00 insurance excess

However the Letting agency who is managing the offending property says that the Landlord (who is abroad) will not pay the excees.

When one of my tenants at one of my other properties caused damage to another property I paid willingly the insurance excess charge.

Am I write in assuming that the offending Landlord is not bound to pay this excess as I am considering making a claim against them in the Small Claims Court

Ironically the letting agent is a well known high street Letting agent so I will not be dealing with them anymore. Comments would be welcome

Jacob Oliver

PaulF
22-09-2006, 10:01 AM
You should really be referring to your tenancy agreement as it should state whether you are responsible for any insurance excess (and it should state the amount too!).

The other way of informing you of your potential responsibilties is if before you took on the tenancy, the agent gave you written terms of your potential liabilities concerning insurance excesses that might be your reponsibility.

If you have nothing in writing from either your agent or landlord then it would be fair to cite the Unfair Terms in Consumer Contract Regulations 1994/1999/2005 in support of your claim in court.

Jennifer_M
22-09-2006, 11:14 AM
Paul, I think the original poster is actually living beloew a tenanted property and has had damage to his own flat caused by upstairs.

And the landlord of the tenanted property refuses to pay for the damage caused to his neighbour (the original poster).

pippay
22-09-2006, 12:12 PM
Is this a leasehold flat with a freeholder, and a manangement company that presumably maintains communal areas?

If so it may well be worth your while to see if there is anything in the lease that covers this eventuality .. and if there are managing agents acting for the freeholder, it may be worth giving them a call..

Jacob Oliver
01-10-2006, 15:47 PM
I may have mis-informed you

Both leasehold properties have the same Freeholder and same block insurance which states that the person making the claim must pay the £250.00

I own the downstairs lease which has been flooded twice from upstairs. The property upstairs is managed by a well known letting agent as the leaseholder is abroad. The lettting agent has said that their client (the upstairs leaseholder) will only pay one of the two excesses.

I belive that it is the agent who is discouraging the leasholder to pay the second £250.00 excess

What is the likelyhood of me succeeded to recoupt this second excess through the small claim court ?

Jacob Oliver

PaulF
01-10-2006, 22:32 PM
Better than good! I would say you ahve every chance of success as it is the upstairs flat that has been negligent that has caused you loss twice. You should also add any other costs you have incurred too. To reclaim £500 won't cost you much in court fees.

By the way not only are you entitled to a copy of the insurance policy before you pay any excess over (and it should show the total premium so you can work out if you are being fairly charged!), but the agent on behalf of the landlord is obliged to find the most competitive premium (quote) each year.