Who is responsible for flood damage

#1
I am the freeholder of a pair of maisonettes (one above the other) I'm also the owner of the 1st floor flat which is unoccupied. I am having my flat completely refurbished by a multi-trades builder prior to selling it. He employs the trades (plasterer, plumber, electrician etc) as needed.
The Gnd floor leaseholder has written to me saying there has been water coming through his ceiling which he reported to the builder. The builder repaired the leak and apologised but some plastering and decoration is needed downstairs after the water dries out which the builder is very willing to do. The leaseholder is also asking for compensation for his inconvenience.
My question is ... who is responsible for the cost of the repairs, me or the builder, also can he refuse to have my builder carry out the work which would be done by the appropriate trades.
Any information would be gratefully received
Thanks Jackie
 

Jeffrey Shaw

Member
Staff member
#2
1. So you have a leasehold title to the FFF.
2. Between you as FFF leaseholder and the GFF leaseholder (G), you're liable. The water flooded from your flat to his.
3. But between you and your builder (B), B might be liable if he made a mistake or otherwise caused the flood.
4. The burden should not fall on the block insurance in that case; but nevertheless you should tell the block insurer what happened.
5. And of course B should have his own insurance covering him for his errors.
6. G cannot refuse to let B carry-out rectification works. Most likely, each lease requires the leaseholder to give a right of entry to the other (or, for that matter, to the freehold reversioner = you) for the purpose of such works. Why is G refusing anyway?
 
#3
Thank you for the information Jeffrey, you're most helpful.
My builder accepts it was their fault entirely and is very apologetic about it and wishes to make it right, but G is a very difficult person to deal with and compensation looms large in his view of the matter. He is talking about calling a emergency decorator and suing me for the cost, but B will do the work for free and is on site anyway.
I feel G wants to show how horribly inconvenienced he is to plump-up a compensation claim. All I want is for G and B to settle matters between themselves without me being involved, can I insist on this to G? I know B will accept.
 

Jeffrey Shaw

Member
Staff member
#4
No, you can't. G's rights (in contract) are against you; and yours are against B.
It's true that G has rights against B on the basis of 'tort' (civil wrong) but that's rather harder to establish.
First: have you reported it all to your own block insurer? If not, DO SO AT ONCE.
 
#6
A supplemental question if I may Jeffrey.
I have a £350 excess on the insurance, would the G be expected to pay half the cost of the excess in the event of a claim?
Thank You
Jacki
 

Jeffrey Shaw

Member
Staff member
#7
G's not really liable at all. If the policy states that an excess is payable, you as policyholder will be liable for it- but all that excess should then be dumped on B.