Upstairs Apartment Leak Caused Damage – What Are My Rights?

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Derek D

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Hi All,

I am looking for some advice regarding a leak from the apartment above mine.

There was recently a leak from the upstairs apartment which caused damage to my kitchen and sitting room. The neighbours have since fixed the source of the leak.

I contacted Management Company to ask about claiming through the block insurance policy for the damage to my apartment. I was informed that the policy only covers damage to the structure of the building and common areas, and not internal damage within individual apartments. They advised me to claim through my contents insurance. However, when I contacted my insurance provider, they said that they only cover items that I would take with me if I moved home, such as furniture and personal belongings, and not fixed items such as flooring, kitchen units, ceilings, or fitted fixtures.

I passed this information on to the upstairs neighbours, but they are refusing to contribute to the repair costs. They have also said that they do not have insurance.

Given that the leak originated in their apartment, do I have any legal recourse against them?

Any advice would be appreciated. Thanks
 
Whats the total cost of repairs?
Have you documented the damage with video and photos?
If so my be worth while pursuing through small claims court.

 
The main issue is warped laminate floor and damaged kitchen units. I need to get a quote but I estimate it could cost up to three thounsand euro to repair the damage. I have photos and videos of the damage.

Their lack of engagement is making me want to pursue this through legal channels, though I am wondering if it will be more hassle than it is worth.
 
Their cavalier attitude is giving me second hand annoyance. If it were me I'd pursue this.
Not much work involved in small claims court from what I've read.
 
Its standard that the buildings cover would not include this damage. It sounds like you have only contents cover (why?).
But your neighbour is responsible in any case if they caused the damage, personally liable if they dont have insurance to cover it
 
If you are an owner why do you only have contents insurance? Does contents insurance only cover moveable items. When my tenants nearly burnt down the kitchen, their fault for leaving an unattended pot on the cooker, my insurance covered the damage, new kitchen, paining etc. My insurance is building and contents, but I think the contents included the kitchen.

You have to go back and see what insurance you have exactly. The reason for insurance is to cover you in case of damage, including fire and water damage, but maybe contents only specifies only moveable furniture and clothing bedding.
 
Insurance companies themselves seem to suggest contents only cover. So I can see why apartment owners might not realise fixtures arent covered and would need buildings cover even though the buildings cover isnt needed for the structure only 'fixtures'.

Owner-Occupier Insurance

Before taking out an insurance policy for your apartment, it is worth checking if your management company has buildings insurance that automatically covers your apartment. If this is the case, it is likely that it will cover only the buildings, so you will need to arrange cover for your contents yourself.

 
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Most insurers offer apartment specific cover for the typical fixtures and fittings that would not count as contents but would not be covered by block insurance. As above, a careful read of your policy book should detail exactly what you are entitled to.

That said, remedy is the responsibility of the owners of the apartment where the leak originated. As they have said they do not have insurance, you will need to file a claim against them personally. I would not be surprised if they in fact had insurance cover in place, but are just pretending they don't in the hope you will go away and take the hit yourself.

Even a renter's policy would include a public liability element that would cover such damage.
 
I am not sure you will get much joy going down the legal route tbh.

You would have to show clear negligence on the part of your neighbour in order for him/her to be held liable.

Leaks happen and I doubt the upstairs resident did anything intentional to cause it and they have since fixed the issue.

I think your best bet is to try and make a claim on the block insurance policy.
 
Calico said:
think your best bet is to try and make a claim on the block insurance policy.
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The excess on these policies are typically set very high in order to make the policy affordable....certainly well in excess of any damage I would think.
 
Leo said:
I would not be surprised if they in fact had insurance cover in place, but are just pretending they don't in the hope you will go away and take the hit yourself.
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But if their insurance is the same as the OP then the insurance route may be pointless.
 
odyssey06 said:
Before taking out an insurance policy for your apartment, it is worth checking if your management company has buildings insurance that automatically covers your apartment. If this is the case, it is likely that it will cover only the buildings, so you will need to arrange cover for your contents yourself.
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Being bored this morning and as it peaked my interest I had a look at your link. It seems there is a problem getting proper cover. See here for owner occupiers


Unfortunately, Allianz Ireland doesn’t provide cover for the buildings of apartments.

(another reason Bronte will not even look at an apartment in Ireland to purchase, amongst the myriad of other reasons. )
 
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Calico said:
I think your best bet is to try and make a claim on the block insurance policy.
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Regardless of the excess issue, block insurance policies do not provide cover for this scenario here. The fact that an appliance leaked is generally accepted as proof of negligence unless the appliance owner can put the manufacturer on the hook by proving a manufacturer defect.
Damage caused by a leaking appliances are paid out as a matter of course under apartment contents policies under public liability cover, that wouldn't be the case if more onerous proof of negligence was required.

I know people who have successfully claimed as a result of a leak above their apartment, the other owner's insurers settled that without issue.
 
Many thanks to everyone who responded - I really appreciate the advice.

My management company has confirmed that the block insurance will not cover the cost of repairing the damage to my kitchen and sitting room. My own insurer has also confirmed that they do not provide this type of insurance cover (and Bronte mentioned this above regarding Allianz products).

I fully understand that unexpected leaks can happen. However, what is frustrating is my neighbour’s attitude since the damage occurred and their refusal to contribute towards the repair costs. That is what is making me consider pursuing the matter further.

From what I understand, I would need to prove negligence in order to succeed in a claim. If that is the case, the Small Claims Court may not be particularly helpful. After I reported the leak to the management company, the neighbours repaired the source of the leak a few days later.

Does anyone know whether the Small Claims Court would be likely to support a case like this? Have similar cases been successful in the past? I am trying to get a sense of the likelihood of success before deciding whether to proceed with a claim. I am also conscious that if I take the case and lose, it will just mean more time and energy wasted on this whole situation.
 
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