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Who actually pays out?
All buildings insurance in apartment blocks carries an excess, the amount of
which depends on the number of claims made in a year. In our case, there was
an excess of £350.
To his credit, the owner of the flat did at least send the agents £300 to
cover the excess. Otherwise, it either comes out of service charges, which
is unfair on everybody else, or you, the sufferer, pay.
While insurers argue the toss, you are stuck with your damaged property. For
me, it was a good three months before the kitchen and bathroom were back to
rights and although they now look okay, they will never be perfect again.
Can this type of flooding ever be prevented?
Yes, but it all rests on the landlords and how far they see themselves as
responsible for their tenants’ antisocial behaviour.
I learned in due course that my damage was particularly extensive because
the bathroom upstairs had no flooring – just bare boards where water went
straight through.
This was deemed pure negligence on the part of the owner, and my contractor
believed the damage would have been at least halved with proper flooring, as
is set out in the lease.
The view of the letting agent
Letting agent Martin Bikhit, of Kay and Co, makes the following points:
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The first thing you have to do is to go back to the lease. Some leases
have draconian penalties for persistent careless behaviour.
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It’s important to keep detailed records of repetitive damage.
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The managing agents should instruct solicitors to enforce provision of the
lease.
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The lessee could end up forfeiting the lease.
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It is up to those managing the building to make sure all provisions of the
lease are enforced, including those on subletting.
According to Gareth Hardwick of the Small Landlords’ Association
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Although landlords cannot be held responsible
for tenant behaviour, tenants have a contractual responsibility to conduct
themselves properly, and this includes the way they behave toward
neighbours.
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Good managing agents will do their utmost to ensure that all aspects of
the lease are met, and sub-tenants only allowed in on proper tenancy
agreements. Otherwise, everybody else ends up paying for the
irresponsibility of the few.
There is, it seems, no provision for making the perpetrators personally pay
up. Perhaps there should be.
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