Apt Leak, excess on block policy, who is liable

[Owner123]

The apartment below mine recently had some fairly bad water damage. The management company maintenance man (not a plumber) thinks this has come from mine due to the existance of a small leak under my sink. I had a plumber out and he said that he didn't think the leak originated in my apt. In any case a claim was put through to the Block policy to cover the damage to the apartment downstairs, with the adjuster finding that the leak came from my apt. I did not say anything at the time about the differing opinions about the source of the leak.

However I have since received a call from the owner to say that there is an excess on the block policy of 1200 Euro for water damage. He has asked me to pay this excess.

My management agent have also told me that i am liable and must pay.

My question is:
- Am I liable, do i need to pay the owner downstairs.
- If i do pay and accept responsiblity, can he then claim for loss of rent?

Thanks!

 

[DianeC401]

Hi there, my understanding is that the person who puts in the claim (ie: your neighbour) is personally responsible for the excess. This is how it works in our management company. Do you know who your insurers are? If your management agent is adamant that you pay, you should call the insurers directly to find out.
If you definitely caused the damage, it would be the decent thing to at least offer them some money towards the excess but you are not legally obliged to do this.

 

[badbrian]

I'd have assumed that as the repair was put through the block insurance policy then the excess would be paid by the management company.

That has certainly been the case in our complex.

What you are being told doesn't make sense to me. The management agent thinks that you are liable but the claim was put through the block policy??