Reimbusement of the cost of damage caused by another flat owner

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One of the flats that I own has suffered considerable water damage due to water ingress from the flat above due to the failure of an internal water pipe in that flat. Whilst the owner of the upstairs flat repaired the pipe and the flow of water into my flat has stopped, he refuses to reimburse me for the cost of repairing my flat because he states, he has not been negligent (notwithstanding this has happened 3 times in 6 years), he is not legally liable, his insurance company - Direct Line - will not reimburse him (because he has not been negligent)

The management company for the flat complex are not prepared to cover the cost because the maintenance of the internal pipe that leaked was/is the responsibility of the flat owner (If the leak had come from a communal pipe, which is their responsibility, they would have reimbursed me). Having read the lease, which does state that the maintenance and repair of internal pipework, etc is the responsibility of the individual flat owners, I have sympathy for their position.

I cannot see how the owner of the flat above can maintain that he is not liable for the damage to my flat, ie, an internal pipe for which he is responsible for maintaining has leaked (for whatever reason - negligence, lack of maintenance, accident, shoddy repair, etc) and the water that escaped damaged my flat. Do you agree?

Some years ago, I had a similar at another flat that I own and the owner of the offending flat reimbursed me and he claimed on his insurance. Again, I once had leakage from one of my flats (a faulty ball cock in a cistern)and my insurance company settled the claim from the owner of the damaged flat.

I look forward to hearing from you

Regards

Chris Taylor
03/02/2015 15:55

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