"He was sent on a course fpr 6 wks only to get a phone call from a friend who had a key to his house to say that the house had flooded. "

The property was not left unoccupied as it was visited.

To the original OP, this 'friend'.... they stayed at the premises to house-sit a few times and had the heating on... right? ;);)

Lucy123:

Thanks VCM4 for details of the previous thread.

Lucy

Check your Contents Insurance to see what length the unoccupancy exclusion is under escape of water peril.On some policies damage by escape of water is not excluded if unoccupancy is less than 60 days, rather than the normal 30 days.

I have not seen the endorsement relating to keeping the heating on, but as you did not comply with that, I would think the standard policy terms/conditions would apply. If the unoccupancy period exclusion is up to 60 days and therefore sufficient to cover the 6 week period, you may have a claim under your Contents Tenants Liability Section.

You should approach your Contents Insurers to see whether at this late stage, you can submit a claim for damage to the Building under the tenants liability cover. Normally claims have to be reported within 60 days or asap. The insurers should be willing to look into this and appoint a loss adjuster to investigate further. Please be aware that even if Insurers agree, the tenants liability section will only cover up to 20% of the Contents sum insured.

Did you take out legal expenses cover with your Contents Insurance. If so you could phone them for free advice and see whether this is something that they would provide legal expenses to defend your position.

Do the forces provide legal services, that can help in these circumstances?

The landlord would have responsibility for ensuring that the pipes were properly insulated. From your previous post In January, where other properties had the same damage occur, this would appear to show, there are reasonable grounds to suspect that the landlord is also partly responsible. When the property was inspected following the damage, were any reports provided by loss adjuster or plumber which may have noted whether the pipes were insulated.This information would be useful if you seek legal advice.

If you don't have legal cover through Insurance or the forces, may I suggest you go to Citizens Advice. Is legal aid available ? http://www.citizensadvice.org.uk/

In conclusion 1) Check your Contents Insurance and phone them with a view to claim as above and 2) Check any legal cover you may have and take advice. If no cover go to CAB.

Hope this helps

Huckster

Previous thread in relation to this subject.

http://www.moneysupermarket.com/community/forums/t/advice-of-any-kind-would-really-help-30040.aspx

Lucy

A bit more information required.

When the pipe burst how long had the property been unoccupied?

Under the terms of the lease what responsibilities did you have to safeguard against such damage occuring i.e. turning the water off from the stopcock, arranging for water pipes and apparatus to be drained?

Has a claim been rejected by the landlords Buildings Insurance or are they asking for a contribution, relating to liability contained in the tenancy agreement?

Did you have a Contents Insurance policy at the time of the loss?

Did your tenancy agreement mention that should have Contents Insurance including tenants liability cover?

If you can provide this information, I may be able to provide possible ways forward with this. You will need more information, details of Insurance Buildings & Contents and copy of tenancy agreement/lease before a solicitor would be able to look into this. I am not a legal expert, but have experience from the Insurance side of things.

Huckster

my partner is in the forces and joined the rent to buy scheme they offer. Over christmas whilst we were away a pipe burst in the loft and flooded the house, making it a total right off. Since then numerous people have been in looked around etc. My partner is now living back on camp and what little we rescued is in storage. Then out of te blue he has been hit with a £9,000 bill for the damage which is causing us much destress as we cannot afford it. Is he liable to pay this? Please advise on what to do next.