Water Damage from Flat above

Hayley_222

Hi, I’m after some advice...

I live on the second floor of a block of flats. In May the people below me knocked on my door complaining that water was dripping through their bathroom ceiling. I had a plumber out to look and basically the water is coming from above me - He thinks from the 3rd or 4th floor’s bathroom. The plumber has also explained that my bathroom wall is completely saturated, he’s advised I don’t use the shower and that the entire wall will need ripping out and replacing, which means re-tiling on the whole bathroom. The other side of my wall is my bedroom and I’m starting to see mould there too.

I obviously want the leak identified and fixed ASAP so I can have the work done and prevent further damage. However, the people above never answer their door. The management company for the block are aware of the leak but what can they actually do? If they can’t get hold of the owners/tenants how can I get the leak stopped?

I’m not worried about the repair costs as I’m confident it will be paid for by the buildings insurance or claimed on the insurance of the flat at fault. But I want it fixed ASAP to minimise damage.

How can I force this issue??

missile

Management Company can turn off the water supply to the flat above. Contact your insurance company.

Missmarie

The flat at fault is not who will be responsible for the damage to any other property. Any damage will be claimed on your own insurance.

eddddy

Missmarie wrote: »

Any damage will be claimed on your own insurance.

That's not typically the case with flats.

• Typically, it's the freeholder who arranges buildings insurance (and plastering and tiling would be part of 'the building'), so the claim would be on the freeholder's buildings insurance.
  
  However, the OP's lease will confirm whether buildings insurance is the freeholder's or leaseholder's responsibility.

• The OP doesn't mention any damage to contents, but if there is any, that would be the OP's contents policy.

• However, if the upstairs owner has done something that invalidates the freeholder's insurance (e.g. left the flat empty for over 30 days), then the upstairs owner is likely to be responsible for the cost of repairs.

• Or if the upstairs owner has been negligent, ultimately the upstairs flat owner might be responsible for the cost of repairs.

Enterprise_1701C

Do you rent or own?

Missmarie

Cheeky person at 4.

I live in a flat. I caused damage to the pharmacy below me as the shower traps had a hairline crack in it.

AXA insurance would not pay out to myself under the "trace and access" part of my policy and told me the damage to the ceiling of the chemist business should be claimed on their policy.

I went to the FOS and that decision was not changed.

eddddy

Missmarie wrote: »

Cheeky person at 4.

Aww shucks - thanks. :blushing:

Missmarie wrote: »

I live in a flat. I caused damage to the pharmacy below me as the shower traps had a hairline crack in it.

AXA insurance would not pay out to myself under the "trace and access" part of my policy and told me the damage to the ceiling of the chemist business should be claimed on their policy.

I went to the FOS and that decision was not changed.

Yes - you weren't responsible for the damage to the chemist's ceiling because you weren't negligent.

So the chemist would have to claim on the buildings insurance policy.

With flats, typically (but not always) it's the building's freeholder that arranges the buildings insurance policy.

If you read your lease, it should explain how buildings insurance is arranged for your specific building. (As you have a flat above commercial premises, the buildings insurance arrangements might be non-typical.)

pochisoldi

Check the terms of your lease.

Any buildings damage should be covered by the block insurance policy (arranged by the freeholder).
The handling of uninsured losses (e.g. the excess, or the whole claim if the insurance company repudiates the claim) are determined by the lease.
For example some leases contain a clause which makes a leaseholder responsible for any uninsured losses due to a leak from their flat.
Liability under such a clause is absolute: water leaks from your flat - you pay the excess/uninsured amount.
If such a clause does not exist, then it is for the affected leaseholders to prove that the leak was caused by negligence. (not easy).

Note that I have not made any comments regarding contents - you would normally claim on your own contents policy. If there are any uninsured losses then you would need to take advice - a "liability for water damage" clause described above may be your friend.

Assumption: Leasehold flat in England and Wales.

Hayley_222

Thanks everyone. I own the flat and there is no damage to contents.

My concern is getting this stopped before it causes more damage. Mould is now showing in the en-suite bathroom as well. I need the leak stopped ASAP.

eddddy

Hayley_222 wrote: »

My concern is getting this stopped before it causes more damage. Mould is now showing in the en-suite bathroom as well. I need the leak stopped ASAP.

From a legal perspective, you should formally write to the leaseholder telling them that:

• There is a leak coming their flat
• The leak is causing damage to your flat
• You require them to fix the leak
• You may claim the cost of repairs of your flat from them

I would...

• Deliver a copy of the letter to the flat (and/or maybe send by recorded delivery)
• Ask the management co to forward a copy of the letter to whatever address they have for the leaseholder (i.e. where they send service charge demands)
• Download ownership details of the flat from land registry (for £3) and send a copy of the letter to the owners address (if it is different from the flat's address) See: https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

FWIW, unfortunately it's very difficult to force the owner to do something (you'd need a court order, and that would be very expensive).

But it's much easier to claim damages for negligence. (If you tell them that their pipe is leaking and causing damage to your flat, and they do nothing about it - that's probably negligent. And you can claim the cost of repairing the resulting damage.)