Q&A - Leaking Roof 

ANSWER

Although you have advised the directors of the problems this in itself does not necessarily mean you can successfully claim against them for failing to resolve the issue. As directors they are responsible to all members of the residents association, if the work to resolve the issues you had notified them of is substantial, or in excess of any budgets for maintenance, then it is probable that they would need to get the agreement of the members to carry out this work, as it is you and the other members who ultimately meet the bill. If the funds are not available they cannot carry out the work.

Have you looked to claim on your own insurances for this damage, this may be an easier route for you, and has the benefit that if you have as is standard “reinstatement as new” cover the items can be replaced as new, whereas even if you can successfully claim against the directors then probably you will only be able to claim for the value of the items after a deduction for wear and tear. This could leave you out of pocket.

Alternatively it may be possible for you to claim for the blinds on the block insurance if they are fully fitted as they would be considered “landlords fixtures and fittings” and so should be covered on the buildings policy.

Nigel Feast, Managing Director, Deacon Insurance