Not upheld: unfair decline of alternative accommodation claim complaint against Liverpool Victoria Insurance Company Limited

Decision detail

Summary

Mr and Mrs L complained that LV unfairly declined to provide alternative accommodation after a storm damaged their home, causing rainwater ingress to their sons' bedroom and forcing family members to sleep in other rooms. The family cited health conditions affecting their sons and daughter that were impacted by the disruption and mould development. LV declined alternative accommodation on the basis that the property retained all essential facilities and offered instead to arrange professional mould cleaning and provide air beds. The ombudsman did not uphold the complaint, finding that the property was habitable as it retained cooking, eating, washing, and sleeping facilities, and that LV's alternative offers were reasonable given the circumstances.

The Ombudsman's reasoning

The ombudsman applied the standard that a property is uninhabitable only when it lacks cooking, bathing, and toilet facilities. Since all essential facilities remained available in the home and damage was contained to one bedroom, the property was considered habitable. While acknowledging the disruption and health concerns, the ombudsman found that some inconvenience is unavoidable in such circumstances and that LV's alternative offers (professional mould cleaning and air beds) were reasonable. The ombudsman also found the claim assessment timeframe and repair booking schedule were not unreasonable.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website