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Who is respocible for the cost of repair

Started by daxx2009, March 11, 2024, 03:30:58 PM

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Basiculy the leaseholder in the flat above got a new kitchen fitted, it was on the recomendation of a friend, while fitting the kitchen or just after she found out the person fitting the kitchen was a machanic, anyways water started leaking into my property below council tennent, council need to replace some wall, and plaster some bits, but after my whole hallway will need redecorating due to the damage caused, what happen was the person fitted all new pipe work but did not seal a pipe properly,it will cost btw £900 and £1200 after some quotes, who is respocible for these costs, is it the leasholder, it took 9 days to stop the leak, someone attempted to repair it but made it worse, in the end the flat abouve had to get a plumber out

any advice will be helpfull


The leaseholder of the property above almost certainly owes you a duty of care not to damage your property. If they were negligent in getting some work done causing reasonably foreseeable damage, they should probably compensate you for that.

However, that's not the black and white, and you might be better advised to claim on your insurance and let them worry about getting any money back.


thanks for replying, so the council are going to repair the wall and replaster, but the redecorating is what i am left with this to chace up, quotes are btw £900 and £1200, do you class gettting a none kitchen fitter who installs a kitchen and new pipe work but forgets to fix the pipes properly negligence on the owner of the property above, also not getting a plumber in first to fix the leak and make it worse only to then have to get a plumber in on day , i did contact the counci but the damage is not coverd under the buildings insurance, and i dont want to clam off my insurance it carries a £500 excess,


Your insurance and the excess is your problem. You chose the policy and the excess. You can't blame someone else for that.

The negligence issue is with the owner of the property. The cause of the leak was something they commissioned and it caused damage and it shouldn't have happened. Their getting the money back from their tradesman is their problem.

I'd claim on the insurance, though (although I might have a couple of goes at the people upstairs just in case). It's no point paying for insurance you don't use.