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Flooding - Who is Responsible?

Parts of Oxford Street were brought to a standstill on 19 January when a Thames Water burst water main caused havoc, a number of shops had to shut and stock was damaged. Further, the cost of obtaining insurance cover for natural flooding is becoming more difficult and expensive and looks set to get worse.

This article looks at the issues landlords face in dealing with flooding, either by burst water main or natural causes (river, coastal, ground water and surface water) and how these can be dealt with.

Burst water main
The recent burst water main on Londons Oxford Street caused huge difficulties to the affected retailers in already difficult trading conditions. Water companies are responsible for the supply of water up to and including the stopcock of properties. Therefore, if there is a burst water main in the road, as in this instance, it will usually be the water companys responsibility and they will be liable for the damage caused. Shortly after the burst water main on Oxford Street, Thames Water released a statement confirming that they have put the affected retailers in touch with their loss adjustors.

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