Upheld: Home insurance claim disputes complaint against Brooklin Claims Consultants Ltd

Decision detail

Summary

Mr B, Mrs B and Mrs R claimed on their buildings insurance following flood damage in February 2020 and engaged BCC as loss assessor. BCC appointed contractor K, who subcontracted to BJ. Repair works began March 2021 but were incomplete by June 2021 when claimants needed to return from alternative accommodation. The property lacked basic washing facilities and BJ subsequently abandoned the work in July 2021 following disputes over private works and VAT charges. The ombudsman upheld the complaint, finding BCC failed to ensure habitability and arrange outstanding safety certificates, but rejected claims that all delays were avoidable, attributing much to Covid-19 and private works disputes. BCC was ordered to pay £750 compensation and arrange independent certification.

The Ombudsman's reasoning

The ombudsman distinguished between: (1) natural consequences of the flood and Covid-19 impact; (2) avoidable issues with insurance-related repairs; and (3) private works disputes. BCC was held responsible for ensuring the property was habitable on return with basic facilities available, which it failed to do. While Covid-19 delays were largely unavoidable and the relationship breakdown was primarily caused by private works disputes, BCC failed in its duty to ensure basic habitability and should arrange for outstanding safety certificates. The £750 compensation was deemed fair for the avoidable issues and distress caused.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website