Ceiling leakage from flat upstairs

[jasonn]

Hi all

I'm in dire need of some advice regarding a recent leakage from the flat above a shop I lease, here's what happened:

1. Main waste pipe from flat upstairs gets blocked, it keeps leaking sewage water in my shop for three days.
2. The airbnb landlord from flat upstairs and the management company for the building finally send plumbers out on the 3rd day to fix the problem, it takes only a few minutes to unblock the pipe.
3. The plumber says that the blockage/leak was not caused by the flat above me, but rather a block in the main pipe for the builder which resulted in water coming out of the loo of the flat and then leaking into my shop.

My question is who is responsible for my damages, such as cleaning costs, damaged stock/tools, damages to the ceiling and electrical wiring, and potential loss of income as we may be unable to open on Monday? I pay for building insurance to the management company, and I have my own content insurance, but since I have no experience with making claims I thought I'd seek some advice first, any tips/guidance would be greatly appreciated.

Thank you

Posting the thread in this forum as it might be more appropriate.

[Scot22]

My unqualified opinion is it came from the flat above therefore the tenant is responsible. If it can't be blamed on a particular tenant then it's the landlords responsibility to you. The ll may claim against whoever is responsible for the pipe. Only thoughts hopefully some VIP members will comment.

[jasonn]

My unqualified opinion is it came from the flat above therefore the tenant is responsible. If it can't be blamed on a particular tenant then it's the landlords responsibility to you. The ll may claim against whoever is responsible for the pipe. Only thoughts hopefully some VIP members will comment.

I think the management company is taking responsibility for the building damages such as stained/cracked ceiling, but they're taking a really long time getting quotes which they're meant to present to the building insurance company, I had a reasonable quote from a building company who could have fixed it by now! It's a terrible situation because we won't be able to open on Monday so we're losing income as well! Do you know if there's anyone here that I can PM for some advice?

[des8]

At a quick glance it would appear you have grounds for a consequential loss claim.

Do you have business interruption insurance?

[jasonn]

At a quick glance it would appear you have grounds for a consequential loss claim.

Do you have business interruption insurance?

Yes, luckily I do. What I'm not sure about are the different aspects of the damages, am I right thinking the following?

1. Ceiling, wall, electrical damages are covered by building insurance which is management company is responsible for
2. Damaged tools, and stock are covered by my content insurance
3. Income loss due to being unable to open is covered by my business interruption insurance

I've had to pay cleaners 3 times to clean up the mess, do you know who's responsible for pay for that? Would it be the flat upstairs or the building's management company?

[Scot22]

I hoped Des would pick it up for you.

[des8]

The landlord is responsible for damage to your leased property, and that would include your tools etc and your loss of income.

If I was in your position I would make a claim against my own insurers, and expect them to recover from the other companies involved. That removes the hassle from you, and is one of the reasons for carrying insurance.

The clean up costs you will have to claim yourself directly from the landlord. Doubtlessly he will try and blame the upstairs tenant, but if the blockage was not caused by that tenant it should IMO be covered by the main buildings insurance.

Expect to be batted from pillar to post, but only communicate in writing, (or confirm all telephone conversations in writing)
and good luck