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Letter OF Claim from neighbours insurer advice?

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  • Letter OF Claim from neighbours insurer advice?

    Hello All,

    Hoping for some advice please.
    I am a tenant and over 1 year ago my neighbour below claimed water had come from his bathroom ceiling. A family member was having a bath at time but noticed no flooding, maybe water had gone over bath and down through the floor, only thing I can think of, if it did indeed happen. Was no water on the bathroom floor that I saw.
    The homeowner below informed their insurance company and had a whole new ceiling and walls put repaired/replaced. Apparently walls were moist also. When workmen were doing work they noticed a huge hole under middle of bath and said "this where where the water was escaping from". Apparently, this hole was about 1 1/2 feet in diameter and probably left like this from years ago when whoever was doing work there left it like this in order to get to pipes and never sealed it up.

    So anyhow landlord was informed ofcourse and had hole sealed up, never had any issues after this.

    Now, myself as the tenant got a letter today from the homeowners (neighbour below) insurance company today which stated: (letter was in our name, not landlords name)
    (We had passed this onto to landlord already) Please see attached letter, I have blanked out private details on letter.
    Is this a letter before action? if it is, should it not say we intend to take court action if this is not resolved? or something to that effect?
    Please can I get advice on what to do? What if landlord does not respond and neither do I within the 21 days?
    I have no idea about home insurance? Can anyone tell me what the potential outcomes of this are? Ie landlord ignores letter and homeowners insurance company just pay up and homeowner pay the excess or insurance company take landlord to court to try and get money back? landlord gives his insurance company the information and the two insurance companys come to a agreement? could landlords company or neighbours insurance company come after us, the tenants for some of the money? if so, and we do not have it, could they take us to court?
    Do this mean from the letter below that the neighbours insurance company have already paid for this work to be done? I am confused about this? I honestly think they have been ripped off and paid too much for this repair, plus the moisture could in the walls could have been from high moisture in their bathroom. Not sure how they could prove every part of the work the had done was in a direct result of that particular time?

    It will not allow me to attach the letter being a first time post, so I have copied it word for word, apart from typos.

    Letter is from , not sure if I can write this but letter was from davies-group.com
    "We are a specialist professional services and technology firm, working in partnership with leading insurance, highly regulated and global businesses."

    Letter of Claim:

    Dear Sir or Madam,

    We are instructed by the xxx on behalf of their client, to peruse a claim against you to recover our clients losses arising from the accident on xxx date We set out the facts below which give rise to your legal liability.

    FACTS: ON XXX YOUR FAMILY MEMBERS WEERE USING THE BATH IN YOUR PROPERTY
    WATER CAME POURING THROUGH THE CEILING INTO OUR INSUREDS PROPERTY CAUSING SIGNIGICANT DAMAGE TO OUR INSURCED CEILINGS FOR WHICH YOU ARE LIABLE.
    IT LATER TRANSPIRED THERE WAS A LARGE HOLE IN THE FLLOR AT THE MIDDLE OF YOUR BATH AND THIS IS WHERE THE WATER WAS ESCPAING FROM

    LIABILITY:

    YOU FAILED TO ENSURE THAT YOUR PROPERTY WAS MAINRAINED TO A STANDARD TO PREVENT AN ESPCAPE OF WATER
    YOU FAILED TO MITIGATE THE DAMAGE CAUSED BY THE ESCPATE OF WATER TO A NEIGHBOURING PROPERTY
    YOU FAILED IN YOUR DUTY OF CARE TO THE OCCUPANT OF THE NEIGHBOURING PROPERTY

    LOSS:

    OUR CLIENTS' LOSSES ARISING FROM THIS INCIDENT ARE YET TO BE FINALISED BUT WE ARE CURRE TLY HOLDING A RESERVE OF £2,400
    THIS MAY NOT REPRESENT THE FINAL VALUE OF THE CLAIM BUT IS INTENDED AS AN INDICATION. DOCUMENTS IN SUPPORT OF THE LOSS WILL FOLLOW ONCE THE CLAIM IS CONCLUDED.

    DEMANDS:
    PLEASE SUPPLY US WITH YOUR ADMISSION OF LIABILITY FOR OUR CLIENTS' LOSSES WITHIN TWENTY-ONE DAYS OF RECEIPT OF THIS LETTER. ALTERNATIVLY, YOU MAY WISH TO PASS THIS MATTER ONTO YOUR INSURERS TO DEAL WITH THIS MATTER ON YOUR BEHALF.

    WE WAIT TO HEAR FROM YOU

    PARALEGAL

    TECHNICAL AND PROFESSIONAL SERVICES DEPARTMENT
    Tags: None

  • #2
    Firstly DO NOT ADMIT LIABILITY

    Secondly do you have a Contents Insurance Policy or a Tenant's Liability Insurance policy?

    Comment

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