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Housing

What to do about a leak from the flat above

A leak from the flat above is stressful enough that it can be tricky to know how to navigate it. Here are some tips for addressing the issue

A man fixing a leaking kitchen tap

It's important to let your neighbour know about the problem as soon as possible. Image: Pixabay

Discovering a leak from the flat above can be a nerve-wracking experience. Whether it’s a slow drip from the ceiling or a sudden surge of water, it’s natural to feel stressed and unsure about what to do next. 

It’s important to act quickly to prevent further damage to your home and belongings. Start by identifying the source of the leak – if you notice water stains on your ceiling or walls, or if water is dripping down, it’s likely coming from the flat above. Visit your neighbour to let them know about the issue, if you can. Leaks often aren’t visible in the flat they originate from – it might be coming from a hidden pipe, or underneath an appliance – so it’s very possible they don’t know that there’s a problem.

If they’re in rented housing, it’s likely that their landlord will need to be involved. Politely ask your neighbour to contact their landlord or letting agent as soon as possible to arrange for the leak to be fixed. It’s in everyone’s best interests to get the problem resolved quickly to avoid further damage, including condensation and damp and mould problems.

While you’re trying to get the leak sorted, do what you can to protect your belongings. Move any furniture, electronics or valuable items out of the way of the water. You might want to place a bucket or other container under the drip to catch the water if the leak is significant. Covering your furniture with plastic sheeting or towels can also help prevent water damage.

You should also inform your landlord or property manager about the situation, if you’re a tenant yourself. It’s likely that your tenancy agreement includes terms that say your landlord has to maintain your home to a certain standard and carry out any necessary repairs. They might need to coordinate with the landlord of the flat above, or take action if the leak is affecting communal areas or the structure of the building. The problem might be covered by your landlord’s insurance, so it’s important to let them know as soon as possible.

If the leak has caused damage to your belongings or your flat, it’s a good idea to contact your own home insurance company. They may send an adjuster to assess the damage and help you make a claim – keep records of any damage and take photos.

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If your neighbour or their landlord isn’t cooperating or if the damage is severe, you might need to consider legal action. It’s really important to get expert advice before doing so, though, and most issues can be resolved with a bit of friendly communication. But if that doesn’t work, knowing your rights is important. 

Who is liable for water damage from the flat above?

Tenants and landlords

The person responsible for fixing a leak and repairing any damage depends on whether the flat above is privately rented or owned. If the person living above you is a tenant, their landlord is usually responsible for maintaining the property, including fixing plumbing issues. This means that the landlord should take care of the leak and any related damage, not just in their tenant’s flat but in yours too.

But if the tenant above caused the leak through carelessness – like leaving a tap running or failing to report a pre-existing problem – they might be held responsible. In that scenario, the tenant or their insurance might need to cover the costs of the damage.

“It is a good idea to get some form of proof about the cause – for example, from a builder or plumber, whether your own or the landlord’s,” according to the Leasehold Advisory Service, a government-funded body giving free advice to leaseholders in England and Wales.  

“If the cause is disputed, you may need an assessment from a surveyor or a professional, who can also outline what the repair should be. Some insurance policies cover the cost of tracing the cause of a leak. 

“Generally, leaseholders are responsible for pipes and other apparatus exclusively serving their flat even if they run outside it. In this case, your neighbour may be responsible for the damage to your flat, if they were negligent or failed to take appropriate action following the leak.”

Homeowners

It can be a bit more complex if you own your flat and the leak is coming from another privately owned flat – liability in these cases often depends on the terms of the leases for each property. 

The person who owns the flat above might be responsible for the plumbing inside their flat, for instance, while the freeholder (or managing agent, or factor) could be responsible for the building’s structure, including pipes that run between flats.

If the leak is due to a problem with a communal pipe or another part of the building’s structure, the freeholder could be liable for the damage. Check your lease and, if necessary, get legal advice to understand who is responsible in your situation and who should cover which costs.

Insurance coverage

Both tenants and homeowners should have insurance that covers water damage. If you’re renting, this is typically renters’ insurance, or buildings and contents insurance if you own your flat. It’s important to contact your insurance company as soon as you notice a leak. They can help guide you through the process, which might include making a claim against the insurance of the person responsible for the leak. There can sometimes be disagreements between insurance companies about who is responsible for paying. 

Compensation for a water leak from the flat above

Water damage can be expensive to repair, and it can really disrupt your life. You might need to seek compensation to cover the costs of getting your life back to normal.

The first step is to contact your own insurance company. If your policy covers the type of damage you’ve experienced, your insurance company should pay for the repairs and any replacements you need.

Sometimes an insurance company will try to recover the costs from the responsible party’s insurance. This process is called subrogation, and it means your insurer will handle the claim on your behalf. If this happens, it might cover your excess and help protect your no-claims bonus. 

If the flat above is insured, their insurance might pay for the damage to your flat. But this process can take time, especially if there’s any disagreement about who’s responsible for the leak.

Insurance doesn’t always cover all of the damage, or the insurer for the person responsible might deny the claim entirely. This is one of the scenarios which might push you to take legal action, particularly if the damage is severe or if the leak has caused health and safety risks in your home. But this should always be a last resort – legal action is the most expensive way to resolve the situation, and likely the most hassle for everyone involved too.

It’s important to gather evidence before you take it any further. Take photos and videos of the damage, keep a detailed list of any items that were affected and hold onto receipts for any repairs you’ve had to make. If you’ve been in touch with the flat above, their landlord, or their insurance company, keep records of those conversations as well.

If the damage is less severe – typically under £10,000 – you might consider taking the case to the small claims court. This can be a more straightforward and less expensive option than full legal action, and you don’t need a solicitor to represent you. 

If you win in the small claims court, the court can order the responsible party to pay for the damages. Collecting the money can sometimes be a challenge, though, especially if the other party doesn’t have the money to pay.

You should seriously consider alternatives before taking legal action. This uses things like mediation and arbitration, which can be quicker and cheaper than going to court. In mediation, a neutral third party helps both sides come to an agreement, while arbitration involves a decision made by someone else that both parties agree to follow. These can be especially useful if you have an ongoing relationship with the person responsible for the leak, such as if you’re both leaseholders in the same building.

A leak from the flat above doesn’t just cause physical damage – it can also be a major inconvenience. You might need to take time off work and manage the disruption of having repairs done. It’s harder to put a price on these kinds of inconveniences, but they can sometimes still be included in your compensation claim.

If you’re claiming through insurance you might be able to get compensation for additional living expenses, such as staying in a hotel while your home is being repaired. If you’re taking legal action, you can ask for compensation for the inconvenience as part of your overall claim.

Dealing with a leak from the flat above can be daunting, but the most important thing is to act quickly – report the leak, document the damage and reach out to the people responsible.

Do you have a story to tell or opinions to share about this? Get in touch and tell us moreBig Issue exists to give homeless and marginalised people the opportunity to earn an income. To support our work buy a copy of the magazine or get the app from the App Store or Google Play.

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