A winter threat

Winter preparation

We are rapidly approaching that time of year when properties are more susceptible to expensive claims due to frozen pipes and water leaks. Escape of water claims can result in extensive damage to ceilings, floors, walls and structural repairs: with the associated disruption, so in the first instance it would be wise to check your insurance policy has the necessary level of cover.

From a preventative aspect there are numerous measures that can be taken to reduce the risk and whilst smart water leak detectors are one method technology can assist, there are other tried and trusted actions that can be taken in readiness. Inspection and maintenance programs play a large part in the identification of potential issues. 

• Heating systems should be checked to ensure that they are working effectively
• Insulation and lagging of pipes, especially in loft spaces, should be in order
• Thermostats set to 10°C and frost stats (triggering at 5°C) located in the coldest part of buildings
• If properties are unoccupied for an extended period of time, then the heating system should be drained
• The location of stop cocks should be identified and highlighted in case of emergency
• Measures taken to prevent damage to sensitive contents in the event of an escape
• Additionally, consider clearing of gutters and debris from storm drains, as these may contribute to water ingress into your properties

Whilst the above focuses on material damage, there is also the prospect of slips and trips to consider. A suitable and appropriate inspection regime is required, with a documented action plan, to be implemented in the case of adverse weather. 

• In the first instance the monitoring of severe weather needs to be undertaken
• Communication, warning and restriction of access, where needs dictate
• Lighting in public areas needs to be sufficient
• Something simple such as suitable mats and storage of coats / umbrellas, should also be factored into your thinking

Maintenance to prevent potential slipping/tripping hazards should be considered and measures taken to address issues that could arise. Specifically in winter conditions the risk of slips increases, so one approach would be to apply salt, grit or sharp sand. You would need to ensure sufficient supply is available and that application is undertaken before frost settles or early morning and then monitored thereafter. 

A final note definitely worthy of mention would be in relation to record keeping substantiating the actions taken and the rationale behind, 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 / tenancy agreement. 

However, they are often accompanied by claims relating to personal injury or property damage, which can be far more costly. Mould and damp can cause respiratory issues and/or exacerbate pre-existing conditions, and an admission of a disrepair claim can have consequences for subsequent public liability claims. These conditions can often arise due inadequate ventilation / heating, structural issues and other defects causing excess or unwanted moisture.

So how can registered providers of social housing 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 therefore 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 whilst on site for an unrelated matter. It is therefore vital to have systems in place for employees and contractors to escalate repairs / 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 public liability claim may only be left with arguments around causation rather than a potential denial. 

For more information, please contact Carl Tatman or visit our Public Sector page. A version of this blog was previously published by ALARM here.