Leak going downstairs

varghesejim

We are owner occupiers in our flat. We went for holiday for three weeks and on our return the flat below us(they are on rent) reported some wetness and mildew on their ceiling(which was increasing for the past three weeks -they were not able to contact us since we were on holiday). It looked like it was caused by some leak from above. So I checked and found a pipe which is going to shower is leaking. Since then we put some temporary measures in place and to fix the pipe permanently plumber is coming tomorrow.

The estate agent for downstairs flat told us since the leak is coming out from our flat we have to fix the downstairs damage. To be fair it is just a matter of cleaning the mildew and painting over the stains.

The downstairs neighbors are nice, so I am inclined to go to their flat and do the work (myself).However, since the neighbors are tenants and I am dealing with landlords and estate agents I am worried that they might have a trick on their sleeve(it was not negligence-we were on holiday so we didn't know).

Any advise is appreciated.

Torry_Quine

The estate agent for downstairs is wrong, you weren't negligent so aren't liable. Their insurance is what should cover it. Of course you may feel that you want to do it anyway.

Finst

Torry Quine is correct, you would only be liable for the damage if you could be proven to be negligent. It is very unlikely they would be able to do so here.

This happened to me several years ago. My boiler broke and completely flooded the flat downstairs. They had no insurance so tried to claim from my insurers, but were unable to.