# Who is likely to be liable for water damage to my apartment?



## gebbel (28 May 2013)

I live in a ground floor apartment with a duplex over me. Recently I have noticed water damage to the plasterboard surrounding the window in one of the bedrooms. Above this room is the kitchen of the duplex and my theory is the leak has originated there.

The guy above me is the owner of the duplex. He is also involved in the management company in some capacity. I'll be letting him know about all this when he returns from holidays. My question relates to who should ultimately be liable? We pay management fees, should they cover this? If they refuse (as I suspect they will based on the experiences of another neighbour in a similar case), then do I have grounds for appeal? 

My estimate of the repair is around €300, not including the repair of the leak,

Many thanks.


----------



## Negotiator (28 May 2013)

Generally leaks are covered by the block insurance depending on the type of leak and cause etc. However it normally carries an excess which means you mightn't get anything anyway.

If it is the neighbour's fault above you then best to have a chat with him and try come to a mutual arrangement if you can!

Good luck!


----------



## amtc (28 May 2013)

I live in a duplex with an apartment over me. 

Guy's dishwasher was plumbed incorrectly and came down the back of my shower, hitting first timber frame (my kitchen). Claimed on block insurance 800 euro.


----------



## gebbel (28 May 2013)

OK cheers, I will post the outcome when I have it.


----------



## gebbel (28 May 2013)

amtc said:


> I live in a duplex with an apartment over me.
> 
> Guy's dishwasher was plumbed incorrectly and came down the back of my shower, hitting first timber frame (my kitchen). Claimed on block insurance 800 euro.



Thanks, did your policy not have an excess that you were liable for?


----------



## lantus (28 May 2013)

gebbel said:


> I live in a ground floor apartment with a duplex over me. Recently I have noticed water damage to the plasterboard surrounding the window in one of the bedrooms. Above this room is the kitchen of the duplex and my theory is the leak has originated there.
> 
> The guy above me is the owner of the duplex. He is also involved in the management company in some capacity. I'll be letting him know about all this when he returns from holidays. My question relates to who should ultimately be liable? We pay management fees, should they cover this? If they refuse (as I suspect they will based on the experiences of another neighbour in a similar case), then do I have grounds for appeal?
> 
> ...


 
Generally speaking the water damage excess is around 2k to 5k. This means the insurer only pays out an amount above that.

Sometimes the management company will help meet the excess but that it generosity and not a requirement.

There is seperate insurance unit owners can carry to protect against the excess for water damage which I think Zurich offers. (ask a broker)

For such a small amount I doubt there is an recourse. Block policies are designed to protect against this kind of low claim to protect the development as a whole. i.e. the excess ensures that only claims involving significant damage are ever processed.

Try negotiating with the upstairs owner but be prepared just to deal with this yourself.


----------



## Boyd (28 May 2013)

Well that sucks.....water leaking from someone else's house and OP pays for repairs!


----------



## kkelliher (28 May 2013)

username123 said:


> Well that sucks.....water leaking from someone else's house and OP pays for repairs!


 
Unless the other owner has been negligent in some way then yes. The same occurs if you house was to go on fire and burn down a row of houses as a result. Unless you have been negligent in some way, you will only be liable for the repairs of your own house


----------



## gebbel (28 May 2013)

The source of the leak was identified today as coming from the sink. The guy said it was only a slow dripping of water, so it is likely that the damage occurred very slowly over months and possibly years.

The duplex owner paid €100 to the plumber. He has suggested that I take care of my damage which is likely to be 2 to 2.5 times that amount.

In the interest of peace, and because I'm a soft sod, I have agreed (somewhat reluctantly) to this.

Block excess on water damage as per the management company is €500.

At the end of the day I just want it all sorted, and now it looks good that it will be.


----------



## Leo (29 May 2013)

Something similar happened friends of mine a few years back. Leak came from the dishwasher two floors up. In that case, they were able to claim from the insurance of the person who owned the apartment where the leak originated.


----------



## lantus (29 May 2013)

Leo said:


> Something similar happened friends of mine a few years back. Leak came from the dishwasher two floors up. In that case, they were able to claim from the insurance of the person who owned the apartment where the leak originated.


 
It depends what is damaged. Plasterboard walls are generally covered under the block policy along with the kitchen. floors and all personal items are generally under a contents policy.

A block policy generally wont ever pay out for personal items, carpets, blinds or anything that was part of the origonal build. i.e. what was there when the property was bought.


----------



## kkelliher (30 May 2013)

Leo said:


> Something similar happened friends of mine a few years back. Leak came from the dishwasher two floors up. In that case, they were able to claim from the insurance of the person who owned the apartment where the leak originated.


 
I cant see how that could have been the case if it was in an apartment setting as the apartment owner would simply not have the cover in place to pay out on other peoples buildings damage or contents.


----------



## Leo (30 May 2013)

kkelliher said:


> I cant see how that could have been the case if it was in an apartment setting as the apartment owner would simply not have the cover in place to pay out on other peoples buildings damage or contents.



The majority of home insurance policies include third party liability cover which covers 'accidental damage to property other than property belonging to or under the control of the insured'.


----------



## kkelliher (30 May 2013)

Leo said:


> The majority of home insurance policies include third party liability cover which covers 'accidental damage to property other than property belonging to or under the control of the insured'.


 
True but you would have to be found to be legally liable. ie negligent in your actions. The OP was referring to a leak (assuming a standing leaking pipe or similar) and this would not generally be classed as negligence and therefore you would not have a legal liability. I would be surprise to hear an insurer paid out on a claim of this nature for a leak especially given there is a policy better suited to deal with the issue (the block policy)


----------



## amtc (1 Jun 2013)

gebbel said:


> Thanks, did your policy not have an excess that you were liable for?



Sorry if didn't make it clear - excess was 800 euro, I claimed for 5k


----------



## Luternau (1 Jun 2013)

gebbel said:


> In the interest of peace, and because I'm a soft sod, I have agreed (somewhat reluctantly) to this.
> 
> Block excess on water damage as per the management company is €500.
> 
> At the end of the day I just want it all sorted, and now it looks good that it will be.



Its your call, but that owner should at worst be meeting you halfway on your cost-they caused the damage.


----------

