Who is liable for cost of replacing personal goods damaged in a flood from flat above, landlord, tenant?

Question

or no one? The basement flat has been flooded due to someone leaving a tap running in the flat above. Is there any hope of claiming for the costs of all the damage?

Answer 1

The person who left the tap running. It was their fault. The landlord is blameless he/she didn't cause the accident.

If you are insured the insurance company will deal with it.

If you aren't insured you need to claim from the people who caused the accident.

Answer 2

Under those circumstances, I believe the negligent tenant is liable.  The fault isn't in the landlord's property, but the careless behavior of the upside guy.  Look to him for recompense, but if he doesn't have insurance, he may not have the funds to do so.  Your own insurance may pay for it but that could affect your premiums.  You'd have to weigh the value of the property with the risk of increasing your premiums to determine if you should submit it, assuming the above tenant doesn't make good.

Answer 3

That depends on your tenancy agreements. According to my agreement that landlord insures the house and I insure everything in it.

But if the flooding was the responsibility of someone else, then aren't they liable?

Answer 4

speak to your landlord, he/she is most interested in resolving the issue. do not go directly to the upper tenant.

Answer 5

Contact your house contents insurance company and ask for a claim form. Fill out the form and name the occupier above you. They will process the form and contact the person responsible for the flat above requiring the details of their insurer. They will then recover the cost of the damage you claim for from the insurer of the person above you. It should not affect your premiums as you were not responsible for the flood. Usually the tenant is responsible for getting contents cover and the landlord will have buildings insurance, part of the cost of which will be in your rent.

Answer 6

Certainly the tenant above you is Liable for the damages, which you can claim from him directly or write a letter Holding the Occupant liable and inform your Insurance company and get the claim settled while your Insurance company will take further with the tenant or his Insurance company.*

Answer 7

yeah, get the details of the building insurance company for the flat above and send in a claim.

Answer 8

the tenant above was negligent so they are rather their insurance company is

Answer 9

lets hope the flat above you has insurance, because it is their fault, and they should claim on their insurance for your damaged items, if they are not insured then try your own insurance company

Answer 10

File a claim with your Renters' Insurance, that's what you have it for.

Answer 11

The tenant in the basement makes a claim from their own insurance company.    The company might sue the above tenant, but they will have to pay the basement tenant regardless.

The building owner will use their own insurance for any structure damage.