Leak from flat above

aj9648

Hi

There was a leak from the flat above into mine and has damaged the ceiling - big hole and lots of water

Who is liable? Should I be contacting my insurance or should the flat above me be sorting all out.....so far they are refusing to do anything!!

ashe

aj9648 wrote: »

Hi

There was a leak from the flat above into mine and has damaged the ceiling - big hole and lots of water

Who is liable? Should I be contacting my insurance or should the flat above me be sorting all out.....so far they are refusing to do anything!!

Your flat, your insurance unless negligence is at play e.g they left tap running. If it’s a leak, that’s why you have insurance

aj9648

ashe wrote: »

Your flat, your insurance unless negligence is at play e.g they left tap running. If it’s a leak, that’s why you have insurance

Thanks

This mentions things differently.....

https://www.lease-advice.org/article/deal-water-leak-leasehold-flat/

starving_artist

Badly written article which fails to point out that negligence not just the source of the leak is key to deciding who is responsible:

If the leak arises from an area within the control of another Leaseholder then it is possible that the Leaseholder will be responsible for the damage caused to your flat.. The potential costs of the work resulting from the leak may be recoverable through the service charge or covered by the buildings insurance policy. Any excess payable will normally be shared by all of the Leaseholders through the service charge.

If the leak arises from an area with the control of another Leaseholder then it is more likely that the Leaseholder will be responsible for the damage caused to your flat. If the building is covered by a comprehensive insurance policy that covers damage between flats the Landlord or Managing Agent might allow a claim in some circumstances.

Mistral001

Contact your own insurance company and take it from there.

phill99

I deal with this on a regular basis. If you live in a purpose built flat, it is almost certain that you have what is known as 'block policy' ie the whole block is insured by one single policy and the costs recovered via the service charge. If this is the case, then you need to speak to the managing agents who normally manage the policy. This will cover the damage to both your and the upstairs flat.

southcoastrgi

phill, that may not be the case, I was chairman of a management co for a block of 24 flats, the block policy only covered the building & communal areas, individual flats were encouraged to take out their own insurance for such things as leaks etc.

OP ask to see a copy of the block policy & see if you are covered, but if there is no negligence involved in the upstairs flat ie they sorted the issue as soon as notified then they aren't liable