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Topic: Council advice
1. Author:  nick_dafc1        
Date: Sat 7th Sep 2024. 16:47

I privately own bottom in a 4 flat with a council flat above me.

The council Tennant above has left her bath running when I was on holiday and it`s came down to mine wrecking the place.

Place is now mouldy damp and walls, ceiling need dried out and repainted,carpets replaced, furniture ruined.

I`ve had a decorator out who says it needs industrial dehumidifiers in to dry it out and it`s not habitable until it`s sorted

Are the council liable for this? Should they be paying for me to stay somewhere else?The tenant has admitted that she did this aswell.

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2. Author:  LochgellyAlbert        
Date: Sat 7th Sep 2024. 16:52

Do you not claim off your own insurance and they then chase the council?

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3. Author:  buffy        
Date: Sat 7th Sep 2024. 17:14

Not sure the council would relocate you, Nick - that would probably be the situation for their tenant if it was their tenant’s property which was damaged - but I’d get your insurers to contact them re the work needed.

I think, as a private owner, it would be your responsibility to either move out temporarily while work was undergoing or stay.

”Buffy’s Buns are the finest in Fife”, J. Spence 2019”

Post Edited (Sat 07 Sep 17:16)

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4. Author:  nick_dafc1        
Date: Sat 7th Sep 2024. 18:29

LochgellyAlbert, Sat 7 Sept 16:52

Do you not claim off your own insurance and they then chase the council?


Don`t really want to claim against it and put premiums up when the council have caused this with their tenant.

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5. Author:  ipswichpar        
Date: Sat 7th Sep 2024. 18:48

Worth looking at a small claims court claim for the additional cost for somewhere else to live?

Small claims court claims tend to get their attention. Even if it`s the threat of doing so.

Definitely have a word with insurance though. This sounds like a no fault claim and that should hopefully protect you somewhat.

What a crap thing to be presented with on return from holiday. Hope you had a nice holiday, and I hope this gets sorted quickly.

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6. Author:  PARrot        
Date: Sun 8th Sep 2024. 00:41

ipswichpar, Sat 7 Sept 18:48

Worth looking at a small claims court claim for the additional cost for somewhere else to live?

Small claims court claims tend to get their attention. Even if it`s the threat of doing so.

Definitely have a word with insurance, though. This sounds like a no fault claim, and that should hopefully protect you somewhat.

What a crap thing to be presented with on return from holiday. Hope you had a nice holiday, and I hope this gets sorted quickly.


It is a no fault claim, but the risk of similar happening again will push up your premium.
The tenant will not have building insurance, but the council certainly will.
I think your first step is to ask them. Their cover should pay for emergency accomodation for you until you can move back in.

Contents is maybe a different matter, but ask anyway.



Post Edited (Sun 08 Sep 00:43)

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7. Author:  jake89        
Date: Sun 8th Sep 2024. 09:56

I`d check with the council housing department first but if getting nowhere it`s one for your insurance. They`ll contact the councils insurer to claim it and sort you out.

Was this a one-off or do you have a bam for a neighbour? Baths have overflows so it must have been going for some time.

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8. Author:  moviescot        
Date: Sun 8th Sep 2024. 22:45

Contact your home insurer.

Give them all the details and they will sort it all out on your behalf. They will contact them tenant and council.
They will pay all your expenses excluding the excess and then get it back from the council.
Once they are reimbursed by the council (or their insurer) you should even get your excess paid.
The longer you leave contacting your insurer the more difficult it becomes. Insurers expect you report claims within certain time periods. They can be pretty picky if you leave it too long as this could make the damage worse.

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9. Author:  DBP        
Date: Mon 9th Sep 2024. 08:00

Best advice yet moviescot

Don’t fart about! that’s why you pay insurance and a no fault claim won’t mean much if anything next year

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10. Author:  moviescot        
Date: Mon 9th Sep 2024. 09:18

DBP, Mon 9 Sep 08:00

Best advice yet moviescot

Don’t fart about! that’s why you pay insurance and a no fault claim won’t mean much if anything next year


Too many years working in insurance.

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11. Author:  nick_dafc1        
Date: Mon 9th Sep 2024. 15:15

Thanks everyone for the advice. Appreciate it

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12. Author:  Buspasspar        
Date: Mon 9th Sep 2024. 16:57

Hope all goes well for you nick dafc1

We are forever shaped by the Children we once were


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13. Author:  TAFKA_Super_Petrie        
Date: Tue 10th Sep 2024. 09:06

Had same scenario happen to me a few years ago.

Boy upstairs was working offshore and water coming down through ceiling, turned out a o-ring washer had perished where toilet pan meets waste pipe and had gradually worked it`s way down.

Ended up with his dad having to drive down from Alness to Glasgow at 2am with a spare key to shut off the stopclock !

Was settled on my insurance, no fault claim and he paid my excess. No increase on my renewal either.

---------------------------------------------------------------


[b]"People always talk about Ronaldinho and magic, but I didn't see him today. I saw Henrik Larsson; that's where the magic was."[/b]


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