Leak from upstairs flat

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    Leak from upstairs flat

    Good morning

    Tenants have just noticed tonight that there is a crack in the ceiling in the living room through which water has been leaking. Crack was not there previously. Tenants have spoken to the people in the flat upstairs and it appears they had been using the shower at the time – they are going to contact their landlord as well. This is a new one for me – what would you recommend? Get my contractor to take a look with the permission of upstairs occupants? Wait for their landlord to do something? Contact the Building Management Company? And finally, who pays? Welcome any advice or suggestions – thanks a lot.

    #2
    You pay, unless the landlord or tenant upstairs has been negligent (and you can prove that or they agree).
    The tenants upstairs should stop using the shower, otherwise, future damage would almost certainly be negligent.

    You probably can't do anything in practice if the property upstairs isn't yours.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The leaseholder of the above flat should be dealing with this, not you, as if you employ your own person their may be bias seen. Who ever is employed should look at the root cause of the issue and fix this.

      The building Management, may instruct their own person, but if the liability is not for them they will charge the flat(s) which are liable. The main reason to involve the management co. is to for them to get hold of the leaseholder who owns the property if you do not have the details to inform them of the issue.

      You would not be able to fix the flat above and then charge them, the flat is not yours. I would get a quote for your damage if any (painting, wall paper etc) so you can bill the leaseholder for this. If you have contents insurance you can make a claim and let the insurance company deal with the flat above.

      It would also be a good opportunity to remind your tenants, if had been worse, and their personal belongs were damaged, destroyed you would not be held liable and they should take out their own insure for their items.

      Comment


        #4
        Very helpful - thanks. I have written to the management co. and to my own tenants.

        Comment


          #5
          The leaseholder of the flat above will be within their rights to ignore any bill you send them for your repairs. As previously said, there has to be negligence before they are liable to pay.

          Also note that this is the wrong forum. As posed, it is a Long Leasehold question although the Insurance forum has two sticky threads on the subject.

          Comment

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