ChatterBank4 mins ago
Damage To Flat Below
I was planning to retire shortly from my warehouse job and I moved into some shared accommodation, which was just meant as a temporary move before I move into a single flat when it comes available. Not long after moving into the shared accommodation I accidentally caused some water damage which then leaked into a room in the flat below.
Some students are sharing below and the water leak I caused damaged some of their property. One student had her MacBook damaged beyond repair as well as some of her furniture. It also damaged an iPad and an electronic keyboard belonging to the other student. She also had some clothes that were ruined. They also had to temporarily move out while the damage to the flat was repaired.
I had tenants insurance but had not relalised it was not valid for shared accommodation and my claim for the damage was denied. The students below had no insurance at all. I do accept that it was my negligence that caused the damage, but the students asked for £5000 for their damaged property, the damage put together could total up to be expensive but I think £5000 may be a bit excessive. They say they have receipts to back it up and will be suing me in the small claims court for the full amount.
If I have to pay for all of this, it could well mess up my retirement plan. I know the students would need to show evidence of their damage, but even if they can, I wondered as they were uninsured, should they be suing me?
Some students are sharing below and the water leak I caused damaged some of their property. One student had her MacBook damaged beyond repair as well as some of her furniture. It also damaged an iPad and an electronic keyboard belonging to the other student. She also had some clothes that were ruined. They also had to temporarily move out while the damage to the flat was repaired.
I had tenants insurance but had not relalised it was not valid for shared accommodation and my claim for the damage was denied. The students below had no insurance at all. I do accept that it was my negligence that caused the damage, but the students asked for £5000 for their damaged property, the damage put together could total up to be expensive but I think £5000 may be a bit excessive. They say they have receipts to back it up and will be suing me in the small claims court for the full amount.
If I have to pay for all of this, it could well mess up my retirement plan. I know the students would need to show evidence of their damage, but even if they can, I wondered as they were uninsured, should they be suing me?
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Do you not think that £5,000 is a nice round number?
You need them to explain where everything was when the accident happened. Go through their version of events and then go through it again.
I think it very convenient that expensive items were damaged and as has been said, it should not be new for old.
Don't feel pressured into making a quick settlement. If they want the money, they should be keen to provide the evidence.
It's not unknown for nice like folk to take advantage of a situation so don't take them at their word.
You need them to explain where everything was when the accident happened. Go through their version of events and then go through it again.
I think it very convenient that expensive items were damaged and as has been said, it should not be new for old.
Don't feel pressured into making a quick settlement. If they want the money, they should be keen to provide the evidence.
It's not unknown for nice like folk to take advantage of a situation so don't take them at their word.
THECORBYLOON, to be fair they said around £5000 but yes it is a very round figure. They were asking for what they paid as that is what they say will be the cost of replacement. Do you mean that I will only be liable to pay the value of each item at the time they were damaged? That might still be quite expensive if they were all newish but would obviously reduce the cost.
I haven't read the whole thread (66 answers - *** that) - you say you were negligent. How?
For instance if you allowed the bath to overrun, then yes, without question you are liable for their losses.
If you had an escape of water, for example if your washing machine leaked and you had no reason to believe that it would leak, then you wouldn't be liable for their losses.
For negligence to operate it has to be reasonably foreseeable, using hindsight, that your actions or in-actions would cause a loss.
It is a common misconception that a burst pipe in a flat that causes damage in a flat below makes the owner of the flat above responsible for the damage to the flat below. This is absolutely not the case unless the person above caused the escape of water or knew an escape of water was possible and did nothing about it.
For instance if you allowed the bath to overrun, then yes, without question you are liable for their losses.
If you had an escape of water, for example if your washing machine leaked and you had no reason to believe that it would leak, then you wouldn't be liable for their losses.
For negligence to operate it has to be reasonably foreseeable, using hindsight, that your actions or in-actions would cause a loss.
It is a common misconception that a burst pipe in a flat that causes damage in a flat below makes the owner of the flat above responsible for the damage to the flat below. This is absolutely not the case unless the person above caused the escape of water or knew an escape of water was possible and did nothing about it.
Texman the people whose flat had the leak were insured and they obviously felt responsible for the mess in the flat below and it was all settled very amicably. The fact they had lived next each other for a good few years and we held regular residents' meetings where we all got to mix, certainly helped. Different to your case I'm afraid. Sorry.
Thanks for letting me know that ladybirder, I can see why that worked out OK for your neighbours. Yes unfortunately my situation is quite different in not having insurance cover and I messed up a job badly and caused damage to the property of two girl students who I don't know and I then tell them I can't pay for this damage in a single lump.
These girls are understandably very annoyed and I think they don't feel any trust or confidence in me to make regular payments to them and they feel that the safest way they can be fully compensated is to go through the legal channels and sue me for the full amount of the damage I caused.
I can't really say I blame them, I expect that you or anyone else would likely feel the same!
These girls are understandably very annoyed and I think they don't feel any trust or confidence in me to make regular payments to them and they feel that the safest way they can be fully compensated is to go through the legal channels and sue me for the full amount of the damage I caused.
I can't really say I blame them, I expect that you or anyone else would likely feel the same!
Well it is clear that you are legally liable, as you don't have insurance then you are personally liable. I still think £5000 is reasonable if not on the low side. So just make them a formal written offer to pay in instalments and explain why you can't pay in full immediately. Then only if the instalments are not paid can they claim in the court.
As already explained, even if they did have insurance their insurance would pay and then claim the cash back from you as you have admitted being at fault. ( rather than it being an accident)
Again as said, the court does NOT need original receipts , just sensible estimates. Looking up the 'sold for' price of 3 year old Macbooks on eBay search would be acceptable for example.
As already explained, even if they did have insurance their insurance would pay and then claim the cash back from you as you have admitted being at fault. ( rather than it being an accident)
Again as said, the court does NOT need original receipts , just sensible estimates. Looking up the 'sold for' price of 3 year old Macbooks on eBay search would be acceptable for example.
I have looked up the 'sold for' price of a 3 year old Macbook on eBay
https:/
^ That is one example,they go for £300 to £600 depending on specification.
https:/
^ That is one example,they go for £300 to £600 depending on specification.
Thanks for that information EDDIE51, yes I did mess up badly with this so I know |I am liable. Their claim of £5000 could possibly be a realistic amount as I know MacBooks and iPads can be very expensive items. The students haven't yet given me a full itemised list of their damages, when they do I will check all this out like you suggest and then make what I feel is a decent offer. They say they have receipts but by what you say, they may just need to show what would be a reasonable price of replacing the items.
I have explained to them that I will only be able to pay them in instalments and this is where they have an issue. I messed a job up badly, then I tell them I have no insurance cover and that I can only pay for the damage in instalments! No doubt they feel very little confidence in me actually keeping to any payment instalments and if I didn't they would then have to take me to court.
So at the moment both of the girls are saying they will give me a full itemised list and then they will sue me for the full amount. I can't really blame them for thinking like that as many others would probably think the same.
I have explained to them that I will only be able to pay them in instalments and this is where they have an issue. I messed a job up badly, then I tell them I have no insurance cover and that I can only pay for the damage in instalments! No doubt they feel very little confidence in me actually keeping to any payment instalments and if I didn't they would then have to take me to court.
So at the moment both of the girls are saying they will give me a full itemised list and then they will sue me for the full amount. I can't really blame them for thinking like that as many others would probably think the same.
EDDIE, without an itemized list of the alleged damage, how can you say £5,000 "is reasonable if not on the low side"?
I could say I bought an expensive laptop last year but without hard evidence, it's unlikely an insurer would pay out on a claim for damage to it.
The same scrutiny should be applied in this instance.
I could say I bought an expensive laptop last year but without hard evidence, it's unlikely an insurer would pay out on a claim for damage to it.
The same scrutiny should be applied in this instance.
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