Whose insurance pays?

[Lily]

There is a crack in my ceiling. When we had some of that stuff they used to call rain the other week water dripped through. The roofer came round last week but didn't have the tools to fix the crack (which is kind of surprising, being that he's a roofer, and all) so is coming back at some point.

If there is a torrential downpour and my TV gets drenched, whose insurance pays - mine or my landlord's? I have contents only.

Thank you.

[Figaro]

I would have thought his insurance would cover any damage to the building itself and yours would cover the contents. However, even if your insurance would cover the damage to the TV, I would still think that he *should* pay for it. He might have to pay himelf though, I don't know if his insurance would cover your stuff.

[Lily]

Thank you - if the worst comes to the worst, I am not claiming on my insurance because the roofer came out without his roofing equipment!

[F'Artiste]

If your tv was ruined I would have thought it came under your insurance. The buildings insurance (which your landlord would hold), would cover the repair work to the building itself (so ceiling/roof and any damp proofing needed).

But it may work differently when renting.

[smalex]

In defence of the roofer, he probably doesn't carry every piece of roofing equipment required to fix all eventualities. I'd have thought if your belonging get damaged the landlord one way or another should pay, if the fabric of the building he is providing is inadequate, though.

Are you expecting torrential rain?

[happyhighlandcoo]

Can you move your TV if there's rain forecast?

[Princess Morripov]

This article is interesting, and does very closely describe your scenario, but in relation to carpet damage and other flats not owned by the landlord

https://www.propertyhawk.co.uk/magazine ... -who-pays/

I think though it looks like it’s a bit of a grey area that requires some goodwill really.

Thinking from a landlords perspective, if it was an accident (eg no forewarning of issue that could cause leak) I think I’d expect to claim on buildings insurance to repair the buildings damage and for the tenant to claim on contents for their damaged items. But I’m not sure how right that sits with me!

[Lily]

Thank you all. It's been 5 days since the bloke came and went and 10 since I reported it in the first place, so they'd better hurry up about fixing it (I have chased). I have left my umbrella (not fully opened, obviously) over the TV as an attempt to protect it, but because the split in the ceiling is so long it's hard to know where the stuff will come out of next.

They have had forewarning, so if it does rain and anything gets damaged I'm not claiming on my insurance and upping my premium, paying the excess, etc.

You never know when it will rain, Smal!

[Figaro]

I think probably if rain is forecast it’d be better to move things out of the way though. We have a storm forecast on Friday with a yellow weather warning though I think you’re a long way from Yorkshire and I don’t know what the forecast is further south.

I’m not sure if there would be an obligation on your landlord to pay (even though i think he *should*), so it maybe depends on how much you’d fancy arguing about it.

[happyhighlandcoo]

Umbrella!

When we lived in a flat and there was a leak from the flat above, their landlord paid for our kitchen to be redecorated. Not sure if that was 3rd party insurance type thing or just goodwill though.

[Lily]

I would imagine that was probably an insurance thing - if not, very nice of him!

I will move it if rain is forecase; it isn't yet but you never know. However if the worst does happen I am quite happy to argue about it. I am rubbish at most things, but I am very good at arguing about stuff. Hopefully the bloke will shift his arse and come out before the heavens open.

[Gannet]

I would see this as, you give landlord notice of building issue, that is their responsibility and should initiate repair or claim to solve the issue.

If there is a downpour and TV is damaged you would have a claim for consequential damage if the repair had not been done as and use the solicitor part of your insurance if you have it or if in a union their free solicitor service

[Squirrel]

If it’s anywhe near the crack, then move your TV! As the landlord and roofer can’t fix it immediately and you’re aware of the problem, then I think as much as it’s the landlord’s responsibility to fix the building, it is also yours to prevent damage to your belongings rather than letting it happen then presenting the landlord with an insurance claim.

[H1ppychick]

What Squirrel said. If you are able to take reasonable steps to avoid damage and you don't do so, it'd leave them open to deny any claim anyway.

Also it's much more straightforward to avoid any need for a claim in the first place, than to have to make a claim then have to argue about it.

[Loralei]

What Squirrel said. If you are able to take reasonable steps to avoid damage and you don't do so, it'd leave them open to deny any claim anyway.

Exactly this. And putting an umbrella over the TV rather than move it is a perfect example of demonstrating that the risk could be anticipated but not taking sensible measures to avoid it.

I am not convinced the landlord would be liable unless he could be shown to be negligent, and getting a contractor out within a reasonable time (subjective) is not being negligent. Your belongings wouldn't be covered by his buildings policy so it would have come under his liability cover.

[Figaro]

Yes, I think they would just say that if you knew the ceiling was leaky (which it sounds like everyone does), why on earth did you not move a large, valuable electrical appliance out from underneath it? It's surely easy enough to move things far away from the crack?

[smalex]

Lily did say it was a long crack. And I think if rain leaks through a crack it doesn't necessarily track through the structure in an entirely predictable way. I thought the TV were the most obvious and expensive example of a 'what if' scenario. Anything in the room, possibly the whole flat (depending on the layout) could conceivably be ruined if there were a heavy downpour onto a lengthy fault in the roof. You couldn't move everything out of the way.

[Lily]

Thank you Smal. I didn't realise I'd have to go through the ins and outs of a cat's backside with every conceivable detail and now you have posted I don't have to. It is exactly that, especially as it's a flat roof and the crack is long and the wetness/leak/whatever is spreading outwards, but my TV is my main concern hence I have put something over it just in case. Like when you put your washing out and the weatherman says it isn't going to rain but you fear it might.

I will provide a detailed floorplan and inventory later.

[H1ppychick]

No need to be so touchy! You asked what we thought then got mardy when we disagreed with you.

[Lily]

Not at all - you made a very valid point. It is a little tiresome however when one comes back to: "why on EARTH did you DELIBERATELY leave your MADLY EXPENSIVE ITEM right under a DRIPPING CEILING" etc, etc. I didn't realise it needed explaining that I hadn't.