The short answer
You are only legally liable for damage to the flat below if you were negligent — a burst pipe alone is not negligence (Transco v Stockport). The freeholder's buildings policy usually pays both flats' structural damage; the downstairs leaseholder claims contents on their own policy. Excess recovery requires proven negligence.
Frequently asked
- Do I have to pay their excess?
- Only if negligence is established. Refer the demand to your home legal expenses cover for assessment.
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