Leaking Toilet Pan – O/C’s Insurance?

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  • 19/07/2011 at 4:06 pm #7514
    Whale
    Flatchatter

      I've just received a request from a Property Manager to repair a cracked toilet pan within a Rented Unit, and to claim that repair / replacement on the O/C's Insurance.

      Whilst I'm confident that the repair / replacement of the toilet pan (a “fixture”) is the Unit Owner's responsibility, PT 4 Div 1 Cl 81(a) of the SCMA defines the “Building” over which the O/C must hold Insurance as including “owners’ improvements and owners’ fixtures forming part of the building other than paint, wallpaper and temporary wall, floor and ceiling coverings” etc etc.

      Does this mean that the Unit Owner can request the O/C to claim her costs of effecting the repair / replacement on its Building Insurance, and if so, can the O/C be required to make that claim, or is it discretionary?

      Thanks in advance. 

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    • 19/07/2011 at 4:49 pm #13280
      Simone

        Under s.81 in the Act, and in context of your question, it appears that you may have a claim.

        You will have review the insurance policy to determine whether “owners fixtures” are included under the policy.

        Another question for consideration is also whether the “toilet pan” is a chattel (removable) or a fixture. 

        Simone Balsara

        Lawyer

         

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        19/07/2011 at 9:56 pm #13300
        Mr Strata

          Whale,
          The more important question is whether or not the leaking toilet repair is claimable on your OC’s insurance policy. If it is a matter of maintenance then this will not be claimable on the OC’s insurance.
          The only time that I have seen a successful claim for the replacement of a toilet pan is when it was impact damaged (accidentally of course).
          I believe the question needs to be asked “how was the pan cracked?” and is the occupant responsible for any amount of excess?

          20/07/2011 at 11:30 am #13307
          Whale
          Flatchatter
          Chat-starter

            Thanks Mr Strata,

            I've had a look at our Insurance Policy and have contacted our Insurer (a 3 letter acronym starting with “C”) to confirm that “Lot Owners Fixtures & Improvements” are covered.

            I've also advised the Property Manager that as the toilet pan is the Lot Owner's property, they should arrange for its repair / replacement and send the plumber's paid invoice to the O/C for consideration of a reimbursement.

            With regard to whether or not the O/C would make that reimbursement or resolve to make a Claim, and whether that Claim would be paid, is yet to be determined. But as I'm aware that this Owner was advised about the then slightly cracked toilet pan almost 12 months ago, I'm guessing that its gradually deteriorated and that there was therefore no defined “event” involved, and its as you suggest a maintenance matter (or the lack thereof).

            I'm going to recommend to the E/C that in the circumstances we don't Claim, but instead offer a reimbursement of the Lot Owner's costs less our excess.

            As always that decision will rest with the E/C on which I'm only one vote; so we'll see.

            What does everyone think about that approach?

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