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We own a leasehold apartment which we rent out. There was a leak from somewhere above our apartment and damage caused to timber flooring and decorations. The management company to whom we pay quarterly fees said we can claim on the buildings insurance they have in place, but we would have to pay the £500 excess.
Does anyone else have any views/experience of this? It seems a bit unjust that the excess should be down to us and not the policyholder.
varies, but form my experience it comes out of the maintenance fund.
You can only claim from the upstairs cause of the leak if they were negligent and can prove it. Which is next to impossible. If it happens again, there's more of a chance of arguing negligence. You can always ask...
The most difficult part of an event like this is that everyone you talk to about it will be convinced that the people "upstairs" are liable and should pay all of your costs, "because, their mate, when it happened to them..."
there was a thread few weeks ago and someone posted a leak to an abi or similar doc specifically about this. from memory the claimant pays the xs unless it is from common parts (unlikely) in which case paid out of s.c.
I'm currently in the same situation. You should write to landlord upstairs and ask them to repair it. If you have photo's of the room that is source of the leak even better. It's there job to make the claim. If you make the claim, they could receive a payout if their property is badly damaged.
The tenant above mine did his own botch job sealing bath, 4 months later the single room below ceiling needs replacing and room needs repainting. It was only put in 6 months ago. So I wrote to landlord, their letting agent said 'we will only repair it through our builders' .. meaning someone who they get some kickbacks from. After getting 3 quotes from their 'own builder' they said the landlord is going through buildings insurance. Excess must have been high because then he wanted to send his 'own builder' down. He came last week. I phoned up today and now the agent is saying all their builders are gone or going on holiday and do I know anyone who could do it. It's getting ridiculous because I had a tradesmen ready and who could have sorted it 5 weeks ago. Now it's a case of finding someone available to do the work quickly.
Is it worth going through small claims and suing for loss of rent on top of damages, that would wake them up?
They are trying it on to get money out of you. Tell them you want to see the policy document to see what it says about excess charges. Also check the management company contract to see if anything is mentioned about claw back of excess charges under insurance policies. If so tell the other leaseholders they could also find themselves in the same position and get them all to agree to change the management company when the contract is renewed. If nothing about claw back tell them to take a hike.
paying an xs is not a 'clawback'. the management co. dont receive it.
furthermore, if its paid by the management co then you will have bad claims history and thus v. high renewal premiums.
Whats not to say that the management company makes a charge to the tenant calling it an excess fee, and either uses to pay the excess charge direct to the insurance company or pockets it. Still need to check up who this payment is going to. I suspect the management company are pulling a fast one as said before.
BUT AS IVE said before the xs is deducted from the amount the insurance co pay out so there cant be a clawback by the man. co.
btw im the the last person to defend integrity of managing agents!