Leak from property above my flat - liability query

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My tenants rang to report a leak coming from the flat above, which is managed by a letting agency. They had reported it to the tenant in that flat several times, but she refused to do anything about it, claiming that it was not from her flat.

I rang the letting agency and asked them to sort out the leak urgently, and told them that I would be claiming against their client's insurance for the damage to the bathroom. The agent told me that I had to claim against my own insurance, as it was, and I quote, "Not like a car accident, there's no such thing as fault in these situations".

I am certain that he is incorrect, and my insurance company is saying they won't pay, because it's someone else's fault. Please could anyone who knows about these things advise me.

Many thanks and kind regards

22/11/2012 00:00

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