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Neighbour's boiler causing you damage?

Wednesday, 10 Sep 2008 13:45
A reader from Brighton has seen his boiler damaged by his upstairs neighbour's own boiler. He is now having trouble claiming the money for the damage.

Ian Durrell, myfinances.co.uk insurance expert from the Only Group, which includes onlyinsurance.com, tackles the issue.

James from Brighton asks:

My upstairs neighbour's central heating boiler had not been serviced since they moved in about two years ago.

Recently it started leaking water from the overflow pipe on the outside wall of our building. The water poured down onto the flue of my boiler below and straight into my boiler, causing it to blow-up.

I had to pay £320.00 to have it repaired.

I assumed that my neighbour's home contents insurance with Lloyds TSB would settle with me and I wrote to them asking for settlement.

They refused to pay out and declared that they did not believe that their clients had been negligent.

I made some enquiries and found out that the boiler is classed as a fixture and should therefore be covered under our buildings insurance policy which is arranged by our freeholder who lives in the basement flat. I contribute to the cost of the premium on this policy.

However, he doesn't seem too interested and complained that a claim would push up the premium and that there would be an excess to pay.

I don't know what to do next. I am £320.00 out of pocket through no fault of my own. It's been nearly four months now.

I really hope you can advise me.

Many thanks,

James

Ian replies:

It would seem that you should pursue a claim via the insurance on the buildings policy.

Both your neighbours and you have the same company and the freeholder not wanting to make a claim is irrelevant.

The flue will be classed as buildings and you be able to make a successful claim.


If you have a question for Ian, go to the myfinances.co.uk Ask the Insurance Expert section.

Only Group is authorised and regulated by the Financial Services Authority.



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