Water damaged camera - my insurance or Landlord's?

[faintheart]

Hi everyone,

My expensive DSLR camera was damaged (completely kaput) by a leak dripping from the flat above mine. My Landlord says I should claim on my insurance. Is this right? I thought, since the damage was caused by a leak in their property, it should be their insurance. They don't deny the leak but say there is no proof my camera was damaged by said leak. They might have a point but I'd like their insurance people to deal with it, even if to say the same thing (I thought that was what we paid them for). Anyone know what my rights are in this? Thanks in advance for any advice.

[Steve__M]

It is not normal for landlords to insure tenants' possessions.

 

It sounds like the flat above is responsible, so they should be approached perhaps.

[MrShed]

Categorically this lies with the tenants contents insurance.

[faintheart]

Categorically this lies with the tenants contents insurance.

 

 

Even though the leak is due to faulty plumbing in the property above, which is the Landlord's responsibility to fix?

[raydetinu]

LL insurance covers fabric, not consequencial damage.

defo comes under contents. however if leak damaged a third parties property or goods ( not tennant then would be covered )

so if flat upstairs responsible theirs should cover it. ( if seperate LL or you could prove tennant responsible for leak )

if it was your home and you had both fabric and contents then you would be covered

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

Read this FAQ - Disrepairs in privately rented accommodation

 

If the water leak was due to disrepair - a fact that you have not proved - then the landlord might be liable to you under section 11; but he will not be liable to you if the cause was not disrepair, e.g. if it was a bath overflowing through mere carelessness by the tenant upstairs.

 

It is not clear whether the landlord owes you any duty under section 11 if the disrepair relates to water pipes which serve another flat. Disrepair to water pipes that serve your flat can result in your water being cut off, which is why section 11 protects you; but if a pipe that does not provide you with water is out of order your water supply will be unaffected, so it is difficult to see why section 11 should extend to such a pipe.

 

 

You of course have other legal remedies - nothing to do with tenancy law - against your neighbour in the upstairs flat, such as the right to sue him for negligence or under Rylands v Fletcher, if he causes you damage through his carelessness/negligence or by allowing an escape of water or fire. If you have no remedy against the landlord, sue the neighbour.

 

Alternatively, claim on your household insurance.

 

 

Bear in mind that if you are a shorthold tenant, you can be evicted from the premises by simply being given 2 months notice, in writing, at any time once the tenancy has been running for 4 months. No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end your tenancy in that way.