Who is responsible for water damage in an apartment complex?

okad

Hi all.

I live in a top-floor apartment complex in North County Dublin. A leak developed in the ceiling a few months ago, and the water has caused damage to the plaster and internal walls of my bedroom. The leak seemed to coincide with heavy rains, so I assumed it was caused by rain water accumulating on the flat roof. The management company (eventually) had contractors come to repair the roof. (It actually took three attempts). In the end they said that the leak was actually coming form a water tank on the roof which is owned by a pub on the ground floor of the apartment complex. It does seem to be fixed now and no more water has come in for a few months (despite heavy summer rains).

Now I want to have the plaster and walls and dampness repaired. Who is liable for this repair? I would have assumed the management company because this was caused by something outside of the four internal walls of my apartment which I am responsible for. However, the management company are saying that it is not their problem because the water was coming from a water tank belonging to the pub (another tenant, I presume). I asked them about the block insurance, and they said that the excess would be so high that it wouldn't be worth it.

Again, I would assume that in this case, the Management company would be responsible for paying the excess, not me. (eg: If someone crashes into my car and we claim on their insurance, then I don't have to pay the excess!).

I was going to call threshold.ie but I see their free advice service is only for tenants.

Any advice would be greatly appreciated. Any pointers to reliable online information on-topic?

Thanks in advance...

athtrasna

If a member of the management company claims off the block insurance that member is responsible for the excess in the same way you would be if you were claiming off your own car insurance. The management company is not responsible for this damage. You can lodge a private case against the pub for compensation but it is between you and the pub.

Ray Palmer

okad wrote: »

Hi all.

I live in a top-floor apartment complex in North County Dublin. A leak developed in the ceiling a few months ago, and the water has caused damage to the plaster and internal walls of my bedroom. The leak seemed to coincide with heavy rains, so I assumed it was caused by rain water accumulating on the flat roof. The management company (eventually) had contractors come to repair the roof. (It actually took three attempts). In the end they said that the leak was actually coming form a water tank on the roof which is owned by a pub on the ground floor of the apartment complex. It does seem to be fixed now and no more water has come in for a few months (despite heavy summer rains).

Now I want to have the plaster and walls and dampness repaired. Who is liable for this repair? I would have assumed the management company because this was caused by something outside of the four internal walls of my apartment which I am responsible for. However, the management company are saying that it is not their problem because the water was coming from a water tank belonging to the pub (another tenant, I presume). I asked them about the block insurance, and they said that the excess would be so high that it wouldn't be worth it.

Again, I would assume that in this case, the Management company would be responsible for paying the excess, not me. (eg: If someone crashes into my car and we claim on their insurance, then I don't have to pay the excess!).

I was going to call threshold.ie but I see their free advice service is only for tenants.

Any advice would be greatly appreciated. Any pointers to reliable online information on-topic?

Thanks in advance...

Get the people who fixed it to put it in writing what the cause was. Very easy for them to casually mention who is to blame. Without this being officially stated as the cause it doesn't matter who is to blame. The water tank may be the cause but that doesn't mean the pub is to blame. There has to be some agreement about the water tank being on the roof but if the weather damaged the tank hard to blame the pub.
Can't give legal advice as such so you need to have proof and go to a solicitor to sort it out.

okad

Thanks for the replies!

I don't think it'll be worth getting a solicitor for the cost of re-plastering and re-painting one room and replacing some damp blinds & curtains.

I honestly thought that this was the point of having a management company slush fund and insurance. Oh well

athtrasna

athtrasna wrote: »

If a member of the management company claims off the block insurance that member is responsible for the excess ...

Really? I would have thought that the Management Company took out the policy and it would be the Management Company itself who would claim, receive that monies and pay any excess..?

L1011

Deleted User wrote: »

Really? I would have thought that the Management Company took out the policy and it would be the Management Company itself who would claim, receive that monies and pay any excess..?

Each owner is a part-owner of the Management Company hence are a first-party when it comes to the excess. The excess on block insurance is usually very hefty.

Michael D Not Higgins

L1011 wrote: »

Each owner is a part-owner of the Management Company hence are a first-party when it comes to the excess. The excess on block insurance is usually very hefty.

As a matter of interest, what is a typical excess amount for block insurance?

eringobragh

Michael D Not Higgins wrote: »

As a matter of interest, what is a typical excess amount for block insurance?

5K usually

L1011

eringobragh wrote: »

5K usually

And sometimes higher for water damage (as its so common)

L1011

L1011 wrote: »

Each owner is a part-owner of the Management Company hence are a first-party when it comes to the excess. The excess on block insurance is usually very hefty.

Does this mean that if, for example, the roof leaks and damages four apartments, the excess would be 4x5000?

L1011

Deleted User wrote: »

Does this mean that if, for example, the roof leaks and damages four apartments, the excess would be 4x5000?

Unlikely, it would be considered one incident and one claim by most insurers.