A winter threat

Escape of water 

Escape of water claims can result in extensive damage to ceilings, floors, walls and structural repairs – with associated disruption. Take preventative action now, before the winter threat.  

There are numerous measures that can be taken to reduce the risk, but step one is to check your insurance policy has the right level of cover. 

Step two, is to conduct a documented risk assessment.  

Step three, if you have them, check smart water leak detectors are working, or review whether it would be prudent to fit them. One method technology can assist and there are other tried and trusted actions that can be taken in readiness. 

Regular inspection and maintenance plays a large part in identifying potential issues, and you should have a record of recent checks from your regular programme.  

In particular, check: 

• Heating systems to ensure they are working effectively. 
• Insulation and pipe lagging, especially in loft spaces.  
• Thermostats, which should be set to 10°C and frost stats (triggering at 5°C) in the coldest part of buildings.  
• If heating systems have been drained in properties that are unoccupied for an extended time. The location of stop cocks. Highlight them and document them in case of emergency. 
• What measures have been taken to prevent damage to sensitive contents in the event of an escape.  
• If gutters and debris from storm drains have been cleared. These may contribute to water ingress into your properties. 

Address record keeping to substantiate actions taken and the rationale behind them, should claims be submitted. 

Damp and mould 

A further consequence associated with a fall in temperatures is the potential for claims arising from housing disrepair. Recent civil law reforms have resulted in claims management companies seeking opportunities for new business, and a shift has been experienced especially in particular housing disrepair claims. 

Disrepair claims, which are not an insured loss, arise when tenants seek compensation from their landlord for inconvenience or distress suffered as a result of a breach of repair obligations in accordance with the statutory duties and/or tenancy agreement.  

Difference between disrepair claims v public liability claims  

Disrepair claims arise due to the landlord’s failure to keep the property in a good start of repair as dictated by their statutory duties and/or tenancy agreement. Damages are sought for inconvenience, loss or distress allegedly suffered by the tenant. 

Public liability claims relate to personal injury and/or property damage sustained due to the landlord failing to carry out their repair obligations. Claims can be intimated by, or on behalf of individuals other than the tenant. However, they are often accompanied by claims relating to personal injury or property damage, which can be far more costly.  

How can registered providers reduce the risk of public liability claims linked to disrepair? 

In the first instance, follow your own policies and procedures. Once you are put on notice of an issue, you are obligated to undertake the necessary repairs in a reasonable time to the requisite standard. If timescales are indicated in your policies, you are expected to adhere to them. 

Reporting is vital and in most instances telephone hotlines are appropriate for the notification of an issue. However, do not discount other forms of reporting that are often overlooked but would be considered sufficient, such as verbally to an employee, or observation while on site for an unrelated matter. It is therefore vital to have systems in place for staff and contractors to escalate repairs and defects. 

As with all claims, detailed documented records are essential to consider any claim presented. What was reported, how, by whom, to whom, when, actions taken to rectify and when finalised. 

Finally, should a disrepair claim be intimated and there are reasonable grounds to anticipate a personal injury or property damage claim will follow, insurers should be alerted at the earliest opportunity. The rationale being, that once liability has been conceded for the disrepair claim, the PL claim may only be left with arguments around causation rather than a potential denial.  

For assistance with risk management, claims or repair management, please contact Carl Tatman. Crawford have many solutions to support you during this challenging time of year.