Cost for Leak Damage in Appt Below Me

paddydriver

Hello,

Hope can get some help/opinions here. We rent out my wives appt from before we were married and recently there was leak behind the en-suite shower tiles that caused some damage in appt below. It's only become apparent when owner below took out their en-suite and plastered it to make it into a walk in wardrobe, and then started to see water marks in new plaster.

I checked and could see leak coming out under our shower unit and obviously then finding it's way down to lower appt. The owner of lower appt pulled a lot of his new wall apart to find leak as he thought it may have been as a result of pipes they closed off when taking off his shower.. only to find it was most likely coming from our appt above.

Anyway, I am generally happy to cover costs in getting all fixed and re-plastered but should I look to try at least share some costs with appt below, for their repair, due to amount of the wall he removed to diagnose or am I stuck with the cost of the lot - or is it my goodwill that has even got me to agreeing to fix up any of their wall?

Any advice or experiences on this would be appreciated.

Thanks, Paddy

Fian

Paddy,

It would appear that most of the damage to your neighbour's wall was caused by their actions, not by your leak. You are not liable for damage you didn't cause. Having said that compromise is often the best solution - I suggest you offer your neighbour an amount you consider fair as a contribution towards their costs, as well as fixing your leak of course.

SozBbz

Could the owner below not claim from the OMC's block insurance?

I'd think you're responsible for fixing the leak in your property in a timely manner once its been brought to your attention, but not sure if you're liable for below.

dennyk

In most cases, unless the damage to your neighbour's apartment was caused by your negligence or action (e.g. you knew about the presence of a leak but didn't take action to fix it and prevent further damage, or the water intrusion occurred because you left a tap running and overflowed a sink or bathtub or something), you wouldn't be responsible for any of the damages yourself. Normally the neighbour would have to file a claim with their own apartment owner's insurance, or possibly through the management company's block insurance if it covers that situation.

TSQ

dennyk wrote: »

In most cases, unless the damage to your neighbour's apartment was caused by your negligence or action (e.g. you knew about the presence of a leak but didn't take action to fix it and prevent further damage, or the water intrusion occurred because you left a tap running and overflowed a sink or bathtub or something), you wouldn't be responsible for any of the damages yourself. Normally the neighbour would have to file a claim with their own apartment owner's insurance, or possibly through the management company's block insurance if it covers that situation.

Who would be liable for the excess where it comes under the block policy? ( there can be quite a high excess for water damage) - the management company, the injured party or the owner of the apt where the leak originated?

ted1

paddydriver wrote: »

Hello,

Hope can get some help/opinions here. We rent out my wives appt from before we were married and recently there was leak behind the en-suite shower tiles that caused some damage in appt below. It's only become apparent when owner below took out their en-suite and plastered it to make it into a walk in wardrobe, and then started to see water marks in new plaster.

I checked and could see leak coming out under our shower unit and obviously then finding it's way down to lower appt. The owner of lower appt pulled a lot of his new wall apart to find leak as he thought it may have been as a result of pipes they closed off when taking off his shower.. only to find it was most likely coming from our appt above.

Anyway, I am generally happy to cover costs in getting all fixed and re-plastered but should I look to try at least share some costs with appt below, for their repair, due to amount of the wall he removed to diagnose or am I stuck with the cost of the lot - or is it my goodwill that has even got me to agreeing to fix up any of their wall?

Any advice or experiences on this would be appreciated.

Thanks, Paddy

If it’s an apartment the buildings insurance should cover it. No need for you to pay for anything

paddydriver

Thanks All.. appreciate the responses. I talked to Mgmt company today and they do agree with me that it sounds like he got a little heavy handed in tearing holes in his wall to try find where the water was coming from.

We became aware of a potential issue on Mon and had it diagnosed on the Tues.. and shower has not been used since whilst we wait for tiles to be repaired.

I am happy to pay part of the costs for goodwill but I don't want to be taken for a mug either as he will just feel its fair game to hit me for every cost involved. As it stands I was annoyed at Mgmt company too for giving out my personal mobile to him as he has been texting me ever since to find out when it is being repaired.

Basically small costs involved overall - Thankfully no major damage, so will find middle ground to agree on.

Thanks again, Paddy

Management company are now on a back foot giving out your personal details- but that’s a separate issue-furthermore, you need to check the buildings policy to see what’s covered- do not pay anything for the moment - this is what apartment living is all about in terms of insurance schemes- and it’s certainly not about paying out hard cash to a neighbor - check policy first then take it from there