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insurance claim 18 months later

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363 views 1 replies latest reply: 20 January 2017
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Tenant

Hi All. 

I was hoping someone could advise.

My wife and I moved out of a rental property in July 2015.

 

As the Landlord and ourselves disagreed on the amount to be deducted from the deposit with used the Alternative Dispute Resolution to resolve the issue.

 

The majority of our deposit was return but some was given to the landlord to fix an damp issue behind the Washing Machine.

 

We have just received a letter from a solicitor instructing us that RSA insurance want us to pay the £500 excess on our old landlords policy as he has instructed them to claim this from us.

 

Is there a time limit on claims that can be made against us, as we have moved out nearly 18 months ago it seems a long time to be able to claim against us?

 

Also if we used the ADR to resolve the deposit issues can the insurance company/landlord still claim against us?

 

Timeline is as follows:

 

07/02/2014         Moved in to the Property

10/06/2016         Reported the Loo wasn’t working

10/02/2014         Washing machine was installed by Curry (we have the receipt)

05/08/2014         We reported seeing damp

16/08/2014         LL visited and inspected leak (Verbally confirmed it wasn’t leaking)

21/08/2014         Received email from LL confirming he would instruct a plumber to inspect both Leaks

27/08/2014         Plumber came – No report was given

10/05/2015         Handed our notice

31/07/2015         Vacated the property

05/08/2015         Check out

11/08/2015         outstanding issues raised

17/08/2015         Ask for deposit back

28/08/2015         Deposit back

23/10/2015         No resolution – ADR Raised

13/11/2015         LL Submitted evidence

16/12/2015         ADR decision

03/01/2017         RSA asking for us to pay the excess on the insurance

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Tenant

Is this excess related to the same issue the ADR gave some of your deposit to the landlord to resolve? 

If not, you can probably reject the claim and the Insurer will have to go to court. However, given the period that has elapsed AND that the issue has not been recognised by the ADR process will likely tip the scale in your favour.

Outside of this, I’m not really the insurance expert, but it seems to me like the insurer is giving it a go on the basis that tenants get scared easily and allow themselves to be pushed around. Which for a big portion of tenants is true, but hopefully not for you.

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