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Leak in apartment, water damage to personal belongings

  • 16-02-2019 1:28pm
    #1
    Registered Users, Registered Users 2 Posts: 4,697 ✭✭✭sheroman01


    This will most likely fall on deaf ears if I contact my landlord about this but just wondering if anyone else was maybe in a similar position, or if I have any rights. Friday morning I woke up to find a leak in the apartment and water all over the table which of course included my laptop. The leaks to be coming from the lights on the ceiling. Dried the laptop overnight but unfortunately it looks to be unrecoverable. Is there any compensation or insurance for tenants and their personal belongings for water damage?


Comments

  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    Your landlord cannot insure your property for you, because they don't have an "insurable interest" in it - roughly speaking they don't own it.

    Tenants can - and many do - take out their own insurance for their own belongings.

    If someone's negligence caused the leak you can try pursing them - but the legal costs of this will likely exceed the cost of the laptop.


  • Registered Users, Registered Users 2 Posts: 1,321 ✭✭✭Brego888


    I think you need to have personal contents insurance yourself.




  • Brego888 wrote: »
    I think you need to have personal contents insurance yourself.

    Yup was going to post this. The landlord would insure the building but not the contents.


  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭Deub


    Does the leak come from the apartement above?
    Would the insurance from the other apartement cover this?


  • Registered Users, Registered Users 2 Posts: 4,697 ✭✭✭sheroman01


    Your landlord cannot insure your property for you, because they don't have an "insurable interest" in it - roughly speaking they don't own it.

    Tenants can - and many do - take out their own insurance for their own belongings.

    If someone's negligence caused the leak you can try pursing them - but the legal costs of this will likely exceed the cost of the laptop.

    Yeah was thinking that alright. Just frustrating that I've to fork out for a new laptop now due to something out of my control and the fact the landlord is not keeping the place up to scratch.


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  • Registered Users, Registered Users 2 Posts: 4,697 ✭✭✭sheroman01


    Turns out it was actually the tenant who is living above me who caused the leak! He was fitting a new kitchen himself in the flat above me and burst a pipe. The landlord confirmed this and didn't seem phased at all by it, so she must be on good terms with this tenant. The landlord, apparently, check with her insurance but I'm not covered for my belonging. Just wondering if anyone else had experience where another tenant caused damage to their stuff and if/how they got it resolved?


  • Registered Users, Registered Users 2 Posts: 71,158 ✭✭✭✭L1011


    Negligence is one of the only times that someone else is liable for this sort of damage, an unqualified person trying to fit pipes would be negligence pretty clearly


  • Registered Users, Registered Users 2 Posts: 4,697 ✭✭✭sheroman01


    L1011 wrote: »
    Negligence is one of the only times that someone else is liable for this sort of damage, an unqualified person trying to fit pipes would be negligence pretty clearly

    The landlord claims he is a builder by trade, I am very sceptical of that. But I'm guessing landlord wasn't aware of this new kitchen being fitted, so possibly no authorisation was given. Agree that it's negligence by all accounts but how would I go about claiming/getting it resolved? Not sure if it's through the tenant, landlord or maybe going through small claims court?


  • Registered Users, Registered Users 2 Posts: 35 ckblackrock


    Deub wrote: »
    Does the leak come from the apartement above?
    Would the insurance from the other apartement cover this?
    Yes, the apt above is liable for damages caused by his leak. If your landlord is claiming then the incident will already be notified to insurers of upstairs apt which will make matters easier. If the upstairs owner is a decent sort he/she may reimburse you if no insurance claim outstanding or forward your claim to his ins co if there is a claim lodged. Have you contacted him/her?

    Failing cooperation, Contact the block management company to make complaint and request contact details of apt owner and aks them to request insurer name (note x this damage not covered by block insurance). If you had your own tenant insurance your own ins co would pursue the matter on your behalf but you may need to get a solicitor on the case.


  • Registered Users, Registered Users 2 Posts: 4,697 ✭✭✭sheroman01


    Yes, the apt above is liable for damages caused by his leak. If your landlord is claiming then the incident will already be notified to insurers of upstairs apt which will make matters easier. If the upstairs owner is a decent sort he/she may reimburse you if no insurance claim outstanding or forward your claim to his ins co if there is a claim lodged. Have you contacted him/her?

    Failing cooperation, Contact the block management company to make complaint and request contact details of apt owner and aks them to request insurer name (note x this damage not covered by block insurance). If you had your own tenant insurance your own ins co would pursue the matter on your behalf but you may need to get a solicitor on the case.

    Landlord is not claiming and doesn't want anything to do with it. So next step is going to the tenant above me, will do this week as I was away last week. Won't get my hopes up.


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