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Hi there,
Any advice would be greatly appreciated on this matter!
I purchased a flat in a block of 9 flats earlier this year (leasehold). All flats are now occupied bar one (the flat below me). The flat below is unoccupied as the developer plans to sell to a family member and is awaiting the family member to sell their house first. The developer checks in on the flat every now and again, I’d say maybe once every 1-2 weeks.
So, the issue…the empty flat below has been ruined by a blockage resulting in sewage damaging carpets, flooring, kitchen units apparently £10k damage in total. This has apparently happened due to a blockage from something flushed down the toilet in another flat. Two bathrooms in the block share the same drainage with the empty flat - my en-suite and another flats main bathroom. The blockage has been caused by what looks like a sanitary pad or flannel like material - neither of which were me. Now…the developer has tried to claim off his building insurance, the loss adjuster has said they will not pay out and that it needs to be claimed against my contents insurance. I assume that he is trying to state that my negligence has caused this damage - not the case.
Where would I stand in this situation? I am unsure how they can prove negligence on my behalf or the other occupant of the other flat that the flats share drainage. I believe this may be the route the developer is taking as he does not have contents insurance to claim off as the flat is unoccupied and he ‘holding’ it for a family member?
Any advice greatly received please!
Thanks
Any advice would be greatly appreciated on this matter!
I purchased a flat in a block of 9 flats earlier this year (leasehold). All flats are now occupied bar one (the flat below me). The flat below is unoccupied as the developer plans to sell to a family member and is awaiting the family member to sell their house first. The developer checks in on the flat every now and again, I’d say maybe once every 1-2 weeks.
So, the issue…the empty flat below has been ruined by a blockage resulting in sewage damaging carpets, flooring, kitchen units apparently £10k damage in total. This has apparently happened due to a blockage from something flushed down the toilet in another flat. Two bathrooms in the block share the same drainage with the empty flat - my en-suite and another flats main bathroom. The blockage has been caused by what looks like a sanitary pad or flannel like material - neither of which were me. Now…the developer has tried to claim off his building insurance, the loss adjuster has said they will not pay out and that it needs to be claimed against my contents insurance. I assume that he is trying to state that my negligence has caused this damage - not the case.
Where would I stand in this situation? I am unsure how they can prove negligence on my behalf or the other occupant of the other flat that the flats share drainage. I believe this may be the route the developer is taking as he does not have contents insurance to claim off as the flat is unoccupied and he ‘holding’ it for a family member?
Any advice greatly received please!
Thanks
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