Whose insurance pays?

[Skips]

When we were in a flat the people downstairs had a leak in their living room. As we all had the same footprint we were really confused as there was no water source above where they were. Turns out it was the pipework to the shower leaking and and it had traveled across the building and the plumber told us that water will find a way and not necessarily the one you think it would take.

[Lily]

Oh God, that's made me feel a bit bleurgh. I might as well put plastic sheets on everything.

I am also concerned that the insurance company asked me lots of questions about what the roof was made of and I asked the lettings agent who got a bit stroppy with me when I asked them to confirm it, and snapped, "Well nobody can be 100% sure about what a roof is made of". So if it turns out the roof is made of something different than what they said it was, I'm concerned that might invalidate my claim.

[Skips]

I wouldn't worry about anything until you need to make a claim. I would chase up your landlord to try to get an idea of when the roofer may return, if for no other reason that you don't want the ceiling collapsing if we do get any rain.

[Loralei]

Nobody said that, Lily, we were pointing out how it might look to an insurance assessor, who most certainly won't be in your corner. In your shoes I'd move the TV to another room if it's your main concern.

You might be good at arguing but it also causes you great stress (I'm thinking of the cleaning contractor), so surely it's better to avoid the hassle rather than get hung up on the principle?

[Lily]

I know I'm probably worrying about nothing but that "water will find a way" has made me feel a bit :eek: . I chased them this morning, and I'll do so on a daily basis. I am glad at least this has happened during a dry spell! I am glad I posted as it was only an idle musing to start off with but I'd not considered "water will find a way".

[Figaro]

I think it was the fact you said you'd placed an umbrella over the TV that made us think it seemed likely to get wet. I was assuming that was where the water had gone last time it rained. As Lora says, the insurance companies will do what they can to avoid paying, and are usually quite good at that. Please don't put yourself through the cleaning company scenario again if it's avoidable!

I think as long as the insurance company know it has a flat roof it's ok. Flat roofs (rooves?) are prone to leaking, as far as I understand it, so they like to know about them.

[Lily]

OK, that's fair enough - it's a not a fully opened umbrella natch, I don't want to attract bad luck! - but, no, the water dripped quite a long way away from the TV, fortunately. I'm just a bit anxious about things and I was looking at it this morning thinking "Hmmm".

You are also right about not making it easier for an insurance company to avoid a pay out. That's a very good point.

I see what you all mean now, sorry! I forgot you can't actually see my sitting room. But here is the leak/crack. It's got into the light, but I don't use that. I don't know if it might short all the rest of them though (the whole ceiling has these lights on it - they're too bright, so I use lamps).

[smalex]

I can't imagine most people know what their roof is made of other than what is immediately obvious- Flat/tiled/slate, some timber, some insulation. In lots of cases it would be quite difficult to actually tell, without actually damaging the roof/ceiling structure.

[Lily]

Well yes the only way I could find out would be to climb up on it. Or I could ask the roofer!

[Lily]

This is still going on, FFS. The stupid bastard roofer was booked to do the repair when I was on holiday, but lo and behold last week when it pissed down my flat went full fathom five. It's now been 2 months.

The maintenance company say their hands are tied until they hear from the landlord.
The landlord say that the maintenance company should deal with it.

I bet they would move pretty quickly if I didn't pay my rent, but then I'd also be out on my ear. I am tempted to threaten it though as they have a legal obligation to maintain my flat in a habitable condition. It is habitable, but that's not the point. I don't pay a good amount of rent per month to be dripped on.

In the meantime, the crack is a lot bigger.

[Figaro]

This is crackers - they’ve taken way beyond what anyone would consider a reasonable period of time to fix it.

Or do you mean they fixed it whilst you were on holiday and now it’s leaking again?

If it’s regularly being flooded I think you should ask for a significant reduction in rent.

[Lily]

Nobody can quite figure out if the roofer turned up or not.

I have rung the landlord, left a message, and will be asking for a rent reduction. The maintenance company agree that it's absurd. In fact they did say the landlord (the c.o.o.p.) also said it was awful and they should get it fixed, but nothing has been done.

OK so I'm not needing to wear wellies, but I've got a bucket catching drips and I've moved the TV but have a raincoat over it regardless, as the crack continues to spread.

How do you ask for a rent reduction?!

[Lily]

After a bollocking phone call to the landlord, lo and behold, the repair man arrives this morning. He rings to ask me where the leak is. I said, "It is in the ceiling in the sitting room. You see the bucket in the middle of the floor and the raincoat over the TV? It's there." It turns out the landlord hadn't even told him where the leak was, FFS. So he could be a plumber sent to look at a leak in the bathroom.

I am going to request a rent reduction but any idea how I could word this?

[Figaro]

Dear Landlord,
As you are aware there have been problems over the past X months relating to a leaking roof at (address). The repairs have taken Y weeks from when I originally advised you of the problem. This is an unreasonably long period of time. This means that you are in breach of section (whatever) of our contract, which states that you are obliged to keep the structure and exterior of the property in a state of good repair [I've just got this from an old contract of mine, so see what yours says]. I am therefore requesting a 25% (or whatever) reduction in rent for the period A-B and would be grateful if you can confirm that this is acceptable to you. I propose that the rent reduction be deducted from the rent due on C date and will therefore make a payment of £D on that date.

Or something. I am not a lawyer

[Lily]

Thank you. The stupid leak took about half an hour for the guy to fix, after all that. I have sent an email with your wording (and the details from my contract) but am now scared they will try and kick me out for being a pain in the arse. I've been a great tenant for 5 years so they'd be fools if they did, but I love my flat and don't want to leave (until I've found somewhere else where I can have a dog). On the other hand, I am FUMING at how shit they've been about this.

[Lily]

Thank you for the advice Fig - I got £125 off next month's rent and an apology.

[Figaro]

Oh brilliant! That’s really good that they were reasonable about it. You’re a good tenant and they shouldn’t treat you otherwise.

[Hobbes]

Oh that’s great news, well done!

[Lily]

Thank you, I was expecting a mammoth battle so I was surprised when they wrote back saying, "Yes, sorry, you're right."

[Lily]

Believe it or not, this is STILL going on. It leaked very badly just before I went on my Frontline Walk last year, and I came home to water all over the place. They said they'd repaired it (it's a skylight which is leaking condensation), and then repainted it - badly - cream. So I had to get the stupid blind painter in to paint it WHITE because my ceiling is WHITE, you stupid shit.

In April, when we had a few cold rainy days, the fucking leak started again. And since then nothing has happened. I have been chasing the letting agent who have said the landlord are looking into it, oh now the landlord are waiting for their insurance to pay out and it STILL isn't sorted. I've got some of my grandparents' furniture in my flat and I've had to move it out of the way of this crack to avoid it being damaged. At the advice of the LA, I had the council in today to look at it but they can only do anything when it's actually leaking and even then it will take forever. I have requested updates and rent reductions. The LL are ignoring the LA, and turned down the rent reduction.

I pay the rent to the LA not the LL, so I rang them and told them I will be getting my own repairs done and withholding rent to pay that off, unless they sort it out (obviously I have no way of doing this, as I am skint, but they don't need to know that). Oh what a surprise, suddenly the LA decided to send out a contractor to quote for the repair. However I am still going to chase the LL for being spectacularly shit and I also want a bastard rent reduction. I have got the address of the Chief Executive: how best do I go about this? Do I contact him direct, or get someone legal to write a shitty scary letter?

Thank you.