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Hi
I am a Landlord of a leasehold flat and have unfortunately discovered a leak in the bathroom which has apparently been going on for some time and has caused significant damage to the wooden boards, etc underneath the tiles. I wasn't aware there was an issue until change over of tenants in December 2021, when I noticed some cracked tiles when getting the property ready for the new tenant.
I assumed I could make a claim through my Landlord insurance (AXA) and proceeded to do so. A loss adjuster (Crawford and Company - "C&C") visited the property and arranged for a leak detection company to visit the property the following week. Meanwhile they asked me to send a copy of my lease over.
I then received a phone call from C&C confirming that I shouldn't be claiming through AXA and the claim would need to go through my Landlord, as they had checked the lease and the damage to my property (floorboards etc down to the joists) was covered under the building insurance.
I then contacted the managing agents, who have informed me that the excess for any claims for 'escape of water' is £15,000.00. I then explained that the works to repair the floor etc would be nowhere near this amount and they said I would need to pay the excess or for repairs under this amount i.e not their responsibility. Surely my payments towards the insurance through service charge contributions means that any excess or repairs that come in under the excess should be paid for by the Landlord/managing agents. There is no covenant within the lease as far as I can see that says I as the tenant have to pay the excess.
If anyone could offer any advice it would be much appreciated.
Thanks
David
I am a Landlord of a leasehold flat and have unfortunately discovered a leak in the bathroom which has apparently been going on for some time and has caused significant damage to the wooden boards, etc underneath the tiles. I wasn't aware there was an issue until change over of tenants in December 2021, when I noticed some cracked tiles when getting the property ready for the new tenant.
I assumed I could make a claim through my Landlord insurance (AXA) and proceeded to do so. A loss adjuster (Crawford and Company - "C&C") visited the property and arranged for a leak detection company to visit the property the following week. Meanwhile they asked me to send a copy of my lease over.
I then received a phone call from C&C confirming that I shouldn't be claiming through AXA and the claim would need to go through my Landlord, as they had checked the lease and the damage to my property (floorboards etc down to the joists) was covered under the building insurance.
I then contacted the managing agents, who have informed me that the excess for any claims for 'escape of water' is £15,000.00. I then explained that the works to repair the floor etc would be nowhere near this amount and they said I would need to pay the excess or for repairs under this amount i.e not their responsibility. Surely my payments towards the insurance through service charge contributions means that any excess or repairs that come in under the excess should be paid for by the Landlord/managing agents. There is no covenant within the lease as far as I can see that says I as the tenant have to pay the excess.
If anyone could offer any advice it would be much appreciated.
Thanks
David
