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Leak in apartment

  • 08-05-2012 3:12pm
    #1
    Penguino
    Registered Users, Registered Users 2 Posts: 162 ✭✭


    Hi

    The ceiling in my apartment has been damaged due to the dishwasher in the apartment upstairs flooding and water leaking through to our ceiling.

    Does anyone know if this falls under the block management insurance or is it the owner of the apartment upstairs that is responsible?


Comments

  • #2
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    I'd say its the LL upstairs who is responsible as it is an appliance in the apartment not a fixture and fitting find out who they are and get in touch to let them know the damage, if the tenant wont tell you ask the management company and also make them away of the situation


  • #3
    amtc
    Registered Users, Registered Users 2 Posts: 2,490 ✭✭✭amtc


    apartment over my duplex overflowed into my ceiling due to faulty dishwasher and claimed off the block insurance


  • #4
    Penguino
    Registered Users, Registered Users 2 Posts: 162 ✭✭Penguino


    Thanks Guys,

    Turns out that the landlord upstairs is refusing to pay for the repairs to my apartment, so where does that leave me?

    Do I get the work done and chase him through the courts for the payment or is there an easier solution?

    Thanks


  • #5
    Angie_Baby
    Banned (with Prison Access) Posts: 11 ✭Angie_Baby


    i've had a similar and the guy upstairs refuses to pay, saying that i must claim on my own or on the block policy.

    i've threatened to sue him, but he didn't seem too bothered.

    tbh i dont think there's much point.:(


  • #6
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    I'd imagine you get onto the block policy, who in turn will pursue him.


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  • #7
    Angie_Baby
    Banned (with Prison Access) Posts: 11 ✭Angie_Baby


    StillWaters wrote: »
    I'd imagine you get onto the block policy, who in turn will pursue him.

    yes i will.
    they said they will have to prove negligence against him, which i believe is a very difficult thing to prove.

    for his part he maintains it was just an accident, and he took all reasonable precautions before and after the event.


  • #8
    fasttalkerchat
    Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Angie_Baby wrote: »
    i've had a similar and the guy upstairs refuses to pay, saying that i must claim on my own or on the block policy.

    i've threatened to sue him, but he didn't seem too bothered.

    tbh i dont think there's much point.:(

    Unless he's the owner you're barking up the wrong tree. If anything he would be in the same position as you because he will have belongings damaged. Both of you should go after his LL or and the management company. (Probably its the LL)


  • #9
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    Angie_Baby wrote: »
    yes i will.
    they said they will have to prove negligence against him, which i believe is a very difficult thing to prove.

    for his part he maintains it was just an accident, and he took all reasonable precautions before and after the event.

    He is correct. Any damage to your building should be covered by the block policy and contents by your contents insurer. Accidents happen and a leak from a dishwasher is an accident. If he repaired it when it came to light you will not have any chance of proving neglegence. I have seen neighbours offer to pay the block policy excess but that is about all your neighbour might do. This is one of the joys of apartment living. I have yet to see a management company put a procedure in place for this situation which could eailsy be agreed upon at the AGM of the management company.


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