Water damage from flat above; who pays the excess?

[Far_King_L]

Situation is that a flat I let out suffered water damage caused by a leak from the flat above it. Both flats are managed by the same property management Company, there is a block policy covering the flats.

The claim was made on the policy and I've been asked to pay the excess, some £300.

My thoughts are that the claim should actually have been made against the flat above mine ( forgive poor English ) and the excess, given the damage was from a leak from the flat above, due from the owner ( who rents it out. )

The management company will not give me contact details for the landlord so I would not be able to pursue via the Small Claims Court if I actually am liable.

Am I liable? Should the excess have been paid by the landlord in the first place? Etc

TIA

F_K_L

 

[Jack Ingough]

You are liable to pay the excess as you have claimed. You then recover the excess from the other party.

 

[Far_King_L]

Thanks - but the Management Company lizards won't give me his address. They've said something that implies they haven't been able to get in touch with him, so he may well have moved - the event happened >three years ago and they've only just remembered to ask me for the dough - I previously disputed it.

 

[Jack Ingough]

Thanks - but the Management Company lizards won't give me his address. They've said something that implies they haven't been able to get in touch with him, so he may well have moved - the event happened >three years ago and they've only just remembered to ask me for the dough - I previously disputed it.

Address the claim to the tenant. Let them take it up with the landlord or if there is no tenant then address the claim to the management company as they are responsible for the property on behalf if the landlord if its unlet

 

[Far_King_L]

Its let, Jack - but I suspect the tenant will have change since the initial incident; pretty sure its not been empty for any length of time.

 

[Jack Ingough]

Just noticed the more than three years ago bit. If they've left it for three years tell them to **** off. I think theres a 6 month time limit on stuff like this. Have a word with your local CAB