INSURANCE ADVICE REQD: Leaking drains, Subsidence & rotting floor joists.

[HJWD]

Hi,

I inherited a property (3 bed semi) when my Aunty passed away and it suffered from subsidence caused by leaking foul-water drains. The drains were repaired and the cracks in the walls and ceilings were fixed under house insurance. So far, so good. This took 5-6 months and a lot of hassle!

When checking the drains, they were also meant to check the front drain but never did despite me continually asking them what the state of the front drain was. Also, the insurance surveyor did not even look under the suspended ground floor despite knowing the drains leaked!

Well, the insurance building work has just been completed but now I have found that there is a collection of 2-3 inches of water under the suspended floor which I strongly suspect is coming from a leaking front drain!!! I have seen water under there a couple of months ago too but not as much as it appears after a heavy downfall of rain!

I suspect that the front drain has been leaking for many years and the suspended floor joists are now pretty rotten and there is rising damp. So bad that the entire floor needs replacing!! I think there is woodworm too!

I have told the insurance company and surveyors about this and I said that the structural integrity of the building report should not go ahead until this is sorted.

Initially the insurance company have said that the floor is not covered! But I think they have a duty to put it right as it has been caused by the same problem of leaking drains that they have already accepted has caused the subsidence!

If this front drain leak continues it will just cause the subsidence to happen again and so ruin the expensive insurance repair work just completed!

I have been doing the property up in order to let it out but now I can't do much to it because of this!! It is becoming a real pain for me! I even have a fitted kitchen on order!

Your advice please! Also, has anyone had a similar experience?

Thanks, Howard.

[HJWD]

Hi,

I inherited a property (3 bed semi) when my Aunty passed away and it suffered from subsidence caused by leaking foul-water drains. The drains were repaired and the cracks in the walls and ceilings were fixed under house insurance. So far, so good. This took 5-6 months and a lot of hassle!

When checking the drains, they were also meant to check the front drain but never did despite me continually asking them what the state of the front drain was. Also, the insurance surveyor did not even look under the suspended ground floor despite knowing the drains leaked!

Well, the insurance building work has just been completed but now I have found that there is a collection of 2-3 inches of water under the suspended floor which I strongly suspect is coming from a leaking front drain!!! I have seen water under there a couple of months ago too but not as much as it appears after a heavy downfall of rain!

I suspect that the front drain has been leaking for many years and the suspended floor joists are now pretty rotten and there is rising damp. So bad that the entire floor needs replacing!! I think there is woodworm too!

I have told the insurance company and surveyors about this and I said that the structural integrity of the building report should not go ahead until this is sorted.

Initially the insurance company have said that the floor is not covered! But I think they have a duty to put it right as it has been caused by the same problem of leaking drains that they have already accepted has caused the subsidence!

If this front drain leak continues it will just cause the subsidence to happen again and so ruin the expensive insurance repair work just completed!

I have been doing the property up in order to let it out but now I can't do much to it because of this!! It is becoming a real pain for me! I even have a fitted kitchen on order!

Your advice please! Also, has anyone had a similar experience?

Thanks, Howard.

[meow2222]

sounds like you need legal advice. Meanwhile can get on with renting it. Ensure insurer knows youre renting, or insurance will be invalid.

NT

[HJWD]

The house is currently empty and I can't let it out yet as there is rising damp and the floor will have to come up at some stage soon!

[Stuart Noble]

In my limited experience (one case actually) the insurers needed to satisfy themselves that a) the damage was caused by a single isolated "event" which could not have been anticipated, and b) that subsequent deterioration was unavoidable because the insured could not have been aware of the "event". In this case the "event" was the failure of an ancient valve below the floor, and the reason the subsequent leak was allowed to continue and cause the damage was that the floor covering prevented any evidence of the situation showing up in the house. With any other type of flooring this couldn't really be justified. They could have argued that the valve was in a poor state and the damage was therefore due to negligence but I guess we're not expected to take the floor up every now and then to check these things. If your front rainwater drain failed at some point in time, and you couldn't reasonably have known about it, then they should deal with the claim. Sounds like they screwed up first time round and fixed the wrong problem. Is it likely that both the sewer and the rainwater drain would be at fault? I wouldn't take the advice about getting legal advice. I once chased a major insurer for nearly a year and they behaved like the worst type of rogue trader. I couldn't believe the stunts they pulled but The Insurance Ombudsman decided in my favour eventually. That really is the only way, and they will tell you quite quickly if yours is a case they consider worthwhile fighting. I hope it doesn't come to that anyway.

[HJWD]

Thanks for your response.

Yes the foul-water drains were faulty as well and they have been fixed under insurance. But they never checked the clean-water drain even though their work schedule said they should have!

The insurance company have told me they will check the front clean-water drain next week and if its faulty they will fix it. I'm hoping they will aslo fix the floor too!

But I will have to wait and see the result of the drain inspection first!