Multi-Unit Development - Apt Flooded By Unit Above

Pearl

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About 4 weeks ago, my rented-out ground-floor apartment was flooded by an apartment above. The mains was switched off so that the damage wasn't worst-case scenario, but walls, ceilings and floors of my unit below still damaged. The unit above is managed by a housing authority on behalf of DCC. I got a phone call from the housing authority to say that DCC have reviewed the case and determined they are not responsible for repairing the damage to my unit. It seems the damage was caused by the tenant above leaving a tap running. Regardless of cause, I am wondering how, as landlords, they could possibly wash their hands of responsiblity here?

Any advice appreciated.

Pearl
 
Th block insurance policy should cover any damage done to your walls/ceiling/floors.If you have contents damaged that will be covered by your own contents policy.
 
Thanks for the reply, Clonback. Will the block insurance cover damage even if it's caused by an individual's negligence? i.e. leaving a tap on?
 
Block insurance covers damage to property owned by the management co.Get the insurance claim form completed immediately.It would be difficult to suggest that leaving on the water was intentional.Its vital to report incident to insurance co immediately.
 
Block insurance covers your damage. In theory you could sue the tenant, but if they have no money and/or no insurance, then there is no point!
 
I thought there was an issue with claiming off the block policy if it was proven that the cause was accidental. If that is not a concern, then I'll proceed to make a claim against block policy.
 
I thought there was an issue with claiming off the block policy if it was proven that the cause was accidental. If that is not a concern, then I'll proceed to make a claim against block policy.

The challenge with claiming off block policy is the excess may be so large that you'll get little or nothing. That's why it's best claim from the insurance of the apartment owner where the leak originated where possible.
 
The challenge with claiming off block policy is the excess may be so large that you'll get little or nothing. That's why it's best claim from the insurance of the apartment owner where the leak originated where possible.

They've probably only got contents insurance? Leak here - different scenario - was water coming in an outside wall - was claimed off the block insurance and excess was high - 1000 - but we came to an arrangement with the mgt co as the insurance didn't cover the full damage to restore as was. Leaks upstairs same scenario as above have been claimed off block policy also but if walls, floors etc damaged, claim likely to be larger than 1000.
 
The person above is a DCC tenant with no insurance of any kind apart from the block policy covering everyone.
 
Possibly innocent question here: I would have thought apartment blocks are constructed with solid concrete floors between the various levels. How does water penetrate through this?
 
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