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Need advice re: accidental water leakage

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  • 07-03-2012 11:20pm
    #1
    Zul
    Registered Users Posts: 6 ✭


    Dear boardsie,

    Need an advice on this. There was an accidental leak coming from my apartment kitchen (it was not foreseen) from a upipe being disconnected from the kitchen sink (not sure how this happened, but according to my tenant, from the plumber, it wasnt our fault). Upipe is behind a screwed board so one cannot actually see it/access it or fiddle with it unless one unscrewed the board which located underneath the sink. My apt wasn't affected and there was no sign of leakage or dampness according to my tenant but apparently it's affecting next door neighbour. The management company manager said it is my fault since the leak was from our apt eventhough there is no way that we could have predict this. Neighbour is asking for 1280 euros for flooring repair. I only have block insurance and not sure whether this would be included in the cover. Am I legally obliged to pay for the cost eventhough it was an accident and there were no signs whatsoever of a leakage in my apartment? Any advice appreciated.
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    #2
    Oddjob
    Closed Accounts Posts: 203 ✭✭Oddjob


    Insurance is for things that could not be foreseen. You are not liable for any damage outside your apartment, either the block insurance or their contents insurance covers it.

    Fitted Flooring would be under block insurance.


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    #3
    Marcusm
    Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    Oddjob wrote: »
    Insurance is for things that could not be foreseen. You are not liable for any damage outside your apartment, either the block insurance or their contents insurance covers it.

    Fitted Flooring would be under block insurance.

    That's a new one on e; if it's coming from the water fittings or appliances within your apartment, I believe (through experience in bth directios) that you are liable. The block insurance covers common areas and pipes within common areas. Everything in your demise is your problem.


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    I only have block insurance and not sure whether this would be included in the cover. Am I legally obliged to pay for the cost eventhough it was an accident and there were no signs whatsoever of a leakage in my apartment? Any advice appreciated.

    You should have your own insurance for the interior of you own apartment to cover this type of eventuality plus to cover loss or accidental damage to your own furniture and fittings (as distinctly from the belongings of the tenant who should insure those).

    Furthermore, you are required by law (RTA 2004, 12, (1) (c) to have insurance for:
    (i) that insures the landlord against damage to, and loss
    and destruction of, the dwelling, and [i.e. your block insurance]
    (ii) that indemnifies, to an amount of at least €250,000,
    the landlord against any liability on his or her part
    arising out of the ownership, possession and use of
    the dwelling,

    As marcusm says, block insurance covers structural problems and issues outside each apartment. You require insurance cover for things that happen within your apartment - whether plumbing, electrical etc. You have no insurance - you pay.

    There are special landlord insurances available.


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    #5
    Zul
    Registered Users Posts: 6 ✭Zul


    odds_on wrote: »
    I only have block insurance and not sure whether this would be included in the cover. Am I legally obliged to pay for the cost eventhough it was an accident and there were no signs whatsoever of a leakage in my apartment? Any advice appreciated.

    You should have your own insurance for the interior of you own apartment to cover this type of eventuality plus to cover loss or accidental damage to your own furniture and fittings (as distinctly from the belongings of the tenant who should insure those).

    Furthermore, you are required by law (RTA 2004, 12, (1) (c) to have insurance for:
    (i) that insures the landlord against damage to, and loss
    and destruction of, the dwelling, and [i.e. your block insurance]
    (ii) that indemnifies, to an amount of at least €250,000,
    the landlord against any liability on his or her part
    arising out of the ownership, possession and use of
    the dwelling,

    As marcusm says, block insurance covers structural problems and issues outside each apartment. You require insurance cover for things that happen within your apartment - whether plumbing, electrical etc. You have no insurance - you pay.

    There are special landlord insurances available.

    Thanks all for your opinion. I know it's my mistake for not getting and insurance. The problem here though is that there were no damage to my apartment or signs of leakage. If there were damage to mine, I know that I have to cough up the money and pay. What I want to know is that whether I am legally obliged to pay for damages for my next door apartment when I can clearly say that I am not negligent and there was no way I could predict this. I understand that if I or my tenant was responsible for it, I have to reluctantly pay but I don't think that I am. Thanks again for all the opinion.


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    #6
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Zul wrote: »
    Thanks all for your opinion. I know it's my mistake for not getting and insurance. The problem here though is that there were no damage to my apartment or signs of leakage. If there were damage to mine, I know that I have to cough up the money and pay. What I want to know is that whether I am legally obliged to pay for damages for my next door apartment when I can clearly say that I am not negligent and there was no way I could predict this. I understand that if I or my tenant was responsible for it, I have to reluctantly pay but I don't think that I am. Thanks again for all the opinion.

    The issue arose from a leak that originated in your accomodation. Im not sure why you feel that it is not your problem, just because you couldnt see it.


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    #7
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Zul wrote: »
    There was an accidental leak coming from my apartment kitchen (it was not foreseen) from a upipe being disconnected from the kitchen sink (not sure how this happened, but according to my tenant, from the plumber, it wasnt our fault).
    Check with your solicitor if the plumber needs to pay up, as it seems his f**k up has caused the damage. BTW; was the plumber hired by you or the tenants?


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    #8
    Victor
    Registered Users Posts: 78,245 ✭✭✭✭Victor


    U-pipes don't pop off sinks just like that. Do you / did you have a disgruntled tenant or one that has, for example stood in the sink?

    How old is the property? Potentially you could recover from the developer up to 12 years after sale if the problem was original.

    Whose plumber?

    How was the problem traced you your property?

    How did the water get from your property to the neighbours? Are the party walls inadequate?

    Are you certain that the panel hiding the u-pipe is an original.

    Is there there any sign of water behind the panel, within your property?


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