# Leak from apartment overhead.



## MTFAOC (24 Nov 2015)

Last week, a  leak from the washing machine,( due to a filter in need of cleaning) in the apartment directly over mine came through my ceiling. This is the second incident in 4 years. The last time my floors required replacing, which I eventually had to do through my own insurance, as the landlady said she her insurance did not cover accidents. With time, the ceiling plaster was damaged due to water sitting in ceiling. I had no joy at all with this issue as the management company would not cover the damage as the ceiling plaster is in a private area. My insurance would not cover it as ceilings are not Contents. Who is liable for damage to my ceiling
? All information appreciated.


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## amtc (24 Nov 2015)

Same thing happened to me. Dishwasher upstairs overflowed. Mgt co insurance paid out


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## peteb (25 Nov 2015)

MTFAOC said:


> Last week, a  leak from the washing machine,( due to a filter in need of cleaning) in the apartment directly over mine came through my ceiling. This is the second incident in 4 years. The last time my floors required replacing, which I eventually had to do through my own insurance, as the landlady said she her insurance did not cover accidents. With time, the ceiling plaster was damaged due to water sitting in ceiling. I had no joy at all with this issue as the management company would not cover the damage as the ceiling plaster is in a private area. My insurance would not cover it as ceilings are not Contents. Who is liable for damage to my ceiling
> ? All information appreciated.



I'm confused.  You are renting an apartment from someone else and you put your own floors in??   In the same breath, its not your ceiling.  It is that of the management company and therefore the landlady.  So it would be the management company, who are likely to have quite a high excess.  Private area or not, the issue of buildings cover is theirs.


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## amtc (25 Nov 2015)

Management company excess in mine was 800 euro


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## Leo (25 Nov 2015)

peteb said:


> I'm confused.  You are renting an apartment from someone else and you put your own floors in??   In the same breath, its not your ceiling.  It is that of the management company and therefore the landlady.  So it would be the management company, who are likely to have quite a high excess.  Private area or not, the issue of buildings cover is theirs.



Landlady is referring to the owner of the apartment above?


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## thedaddyman (25 Nov 2015)

The owner of the property above has damaged your property, the fact that it was her tenant and was an accident is irrelevant, as is the fact that her insurance doesn't cover accidents. That's her problem, not yours. To my mind, how she funds the cost is her issue, not yours. If she refuses to pay then you may have to consider whether a solicitor needs to get involved.


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## MTFAOC (25 Nov 2015)

peteb said:


> I'm confused.  You are renting an apartment from someone else and you put your own floors in??   In the same breath, its not your ceiling.  It is that of the management company and therefore the landlady.  So it would be the management company, who are likely to have quite a high excess.  Private area or not, the issue of buildings cover is theirs.





peteb said:


> I'm confused.  You are renting an apartment from someone else and you put your own floors in??   In the same breath, its not your ceiling.  It is that of the management company and therefore the landlady.  So it would be the management company, who are likely to have quite a high excess.  Private area or not, the issue of buildings cover is theirs.


Apologies for lack of clarity. I own the apartment. The landlady Im referring to is the landlady of the apartment directly over mine. The water incidents occurred when her tenants were renting. I assume she has insurance to cover all eventualities.


Leo said:


> Landlady is referring to the owner of the apartment above?


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## lantus (25 Nov 2015)

Buildings insurance is different in that typically you only claim on your own irrespective of where the damage or blame originated. Where block insurance exists there is some scope to claim on the block if the claim is valid. In this case I doubt it is as one owner caused damage to another. The floors are yours and not covered by someone else's insurance. The plasterboard roof could possibly be a consequential loss but the excess would probably be so high its just easier to replace. Good owner insurance. You can even get insurance for the block insurance excess.


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## MTFAOC (25 Nov 2015)

amtc said:


> Same thing happened to me. Dishwasher upstairs overflowed. Mgt co insurance paid out


Thanks for prompt reply. Will contact Management Co. with photos .


amtc said:


> Management company excess in mine was 800 euro


Thanks for prompt reply. Contacting Management Co is next move.


amtc said:


> Same thing happened to me. Dishwasher upstairs overflowed. Mgt co insurance paid out





amtc said:


> Same thing happened to me. Dishwasher upstairs overflowed. Mgt co insurance paid out


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## Learner2015 (25 Nov 2015)

Similar thing happened to me a few years ago, leak from upstairs sink ran down the side of a common pipe for a long time, only noticed when my wooden floors started lifting - mgt company said they would consider it for a claim but excess on the block policy for water damage was €2,500k which I would have to foot and the repair bill wouldn't come close to that.

Luckily the owner above was a decent sort and paid out of his own pocket to repair - a solicitor mentioned at the time that if he didn't I could pursue him through court for the damages but it never came to that thank god.


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## Leo (26 Nov 2015)

Some other previous threads on this topic.


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## Bronte (26 Nov 2015)

Learner2015 said:


> Luckily the owner above was a decent sort and paid out of his own pocket to repair - a solicitor mentioned at the time that if he didn't I could pursue him through court for the damages but it never came to that thank god.



I think this is only proper order by the other owner.  This thread is amazing as it's totally unclear what the situation is in blocks of apartments and suing other owners is a costly business, it would seem that proper insurance is needed, whether that is the block insurance or not is not clear on here.


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