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I rent a ground floor flat from the Housing Association. There was a leak from the flat above (also circle 33) which poured into my cupboard over a period of weeks. (Just found out today after I noticed a stench which smelt like a gas leak).

 

It has ruined the electrical items stored in the cupboard, but circle 33 has stated that they will make good the leak from above and damp proof my cupboard, but I will have to claim on my own insurance for the items damaged.

 

Is that correct? I thought they took responsibility but I could be wrong......:|

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Been through this myself insurance as i have just moved into a housing authority accomodation.

 

It is misconception that the housing authority will compensate you for any loss through a water leak etc upstairs.

 

You have to have your own insurance policy to cover such things.

 

It might be possible to claim if the upstairs have their own policy but unless you can prove negligence, and not force majeure, you are stuffed.

 

Your own housing authority should have explained this to you the importance of your own household insurance

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Agree with obiter but if you don't have contents insurance you could try claiming on the HA's public liability insurance. It might work but no guarantee.


 

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Thanks guys - that makes things clearer, I will claim on my own insurance.

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I would check the buildings block policy insurance as that is what would normally cover 'escape of water'.

 

I had a similar thing some years ago in a flat (not housing assoc) and the claim was made against the buildings policy that covered the block.

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The buildings insurance will be covered by the Housing Authority

 

The housing Authority has no indvidual liability for internal damage to personal property, That is why you need seperate contents insurance as the tennant

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The buildings insurance will be covered by the Housing Authority

 

The housing Authority has no indvidual liability for internal damage to personal property, That is why you need seperate contents insurance as the tennant

 

That seems strange to me as the owner of a property is responsible for the buildings insurance and that is what normally covers 'escape of water'. The other thing that needs to be considered is not just the items that were ruined but the effect of the water damage on the ceiling, walls etc - which would be covered by the buildings insurance. You are right in saying that the HA has no liability but their insurers do.

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I had taken up a housing association tennancy only last month

 

The Housing Association is only responsible for damage to the building, exterior or interior, not personal belongings of the tennant

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My take is that if the damage is caused by something that is covered by the buildings insurance then everything that is effected by the damage is also covered. Its the HA insurer that would responsible not the actual HA. If the OP has contents insurance I can there insurer wanting to speak to the buildings insurer.

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My take is that if the damage is caused by something that is covered by the buildings insurance then everything that is effected by the damage is also covered. Its the HA insurer that would responsible not the actual HA. If the OP has contents insurance I can there insurer wanting to speak to the buildings insurer.

 

The buildings insurance is exactly that - insurance for the buildings (and as buildings insurance isn't mandatory, it is down to the HA if they involve them or carry out repairs themselves). It will not cover contents items (personal belongings).

 

I think you're getting at the liability cover - if there is legal liability on the housing association for the damage, then the insurer would generally insure that loss - but this rests on there being a valid legal claim against the housing association. This would mean the leak was caused by their negligence - and you would need proof of this.

 

Contrary to what a lot of people believe, a leak from a neighbouring property on its own does not make the property owner responsible, there has to be negligence - either in causing the leak, or in failing to deal with it adequately once aware.

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I am not getting confused with anything. Whilst buildings ins may not be compulsory it will be very stupid for non to be in place.

 

I base what I say on experience. The guy in the flat above me let his bath overflow which came through my ceiling. Everything that was damaged was covered under the block buildings policy.

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I am not getting confused with anything. Whilst buildings ins may not be compulsory it will be very stupid for non to be in place.

 

I base what I say on experience. The guy in the flat above me let his bath overflow which came through my ceiling. Everything that was damaged was covered under the block buildings policy.

 

Therein lies the answer - letting a bath overflow is clear negligence, and therefore covered under the liability section of the buildings insurance.


RMW

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For the last time and am now getting fed up of this. I moved into my Housing Authority flat only last month and this was all explained to me.

 

If the upstairs bath overflows then the housing association will fix any structual damage to the flat above, and any any below.

 

The buildings insurance is NOT contents insurance.

 

It will Not cover personal belongings damagd in either upstairs or downstairs personal property

 

I am looking at the Tennancy terms and conditions right now and insurance, that is buildings and personal contents

Edited by obiter dictum

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I will scan and post it up if you like, direct from the horses mouth

Edited by obiter dictum

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Unnecessary long thread.. HA Buildings Insurances cover the whole building, including all interior walls, flooring and ceilings, plus any fixtures the HA installs such as bathroom, kitchens, fixed wardrobes, light fittings. The tenant takes out Contents Insurance for their possessions, plus anything they have added e.g light fittings, stairlifts, towel rails, carpets.

 

HA Buildings cover is different to leasehold block of flats cover, where the Buildings Insurers may not cover internal flat fittings and fixtures.

 

In some blocks of flats you have mixed ownership, private and HA. I guess in that situation, the HA pay towards whatever block Buildings Insurance exists and they may take out some form of Buildings cover to cover the internal walls, ceilings etc to protect them and their tenants.

 

So it may vary depending on where you live, but the HA will always fully cover their property.


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So you may have a claim from the person upstairs if it can be reasonably ascertained that the overflowing bath was caused by a forseeable event that they did nothing to prevent. To go after the LL you would have to prove that they placed this person in a position where that event was very likely to occur such as housing a tenant in a flat that is for the sole occupation of say a dementia patient and leaving them to it.

So, does the person upstairs have any assets or the means so pay if you sued him? If not dont bother and spend the money on contents insurance.

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