Leak from property above - leasehold flat

Socrates1982

I have a ground floor property and there is a leak coming from above. There is one property above me and one more above that. I am pretty sure the leak is coming from the property above as a neighbour told me they had plumbing issues for some time and are not quick to get things fixed whenever there is something wrong (That flat is owned by someone who doesn't live there but rents it out. 
I mentioned it at work and a couple of colleagues said I should take care when approaching the property owner or current tenant, or indeed the management company as they could simply deny there is a problem. I'm not too sue how to approach the matter now. Does anyone have similar experience and know how best to communicate the matter? 
Friends at work (and myself) think it is not the management companies issue, as (to exclude all the detail for conciseness) the timings/frequency of the leak indicate it is from the property above and corresponds with when it is occupied. Colleagues said I should mention it to the management company but not in a way that suggests they should look into it. But rather in a way to let them know that any issue is coming from above and not my property just in case it causes damage in shared areas or areas that are responsible by the management company (walls windows for example). I was advised I should ask them if they have on record any issues of water related problems from the sector of the block I live in.
Colleagues said I should take care not to accuse the flat owner or tenant of anything when raising it as they could get wind that there is a potential cost to them and then go into denial mode. That sounds sensible, but it has left me in a position where I am not sure how to approach it.
The water damage is affecting some kitchen units, a wall and possibly unseen/hidden areas. So far it hasn;t cost me anything in terms of repairs but I think it will do in the future if I leave it unresolved.

Any advice would be great. I have ommitted a lot of detail to keep this as short as poss so please, I  am just after advice on how people think I should best raise the issue and secondly any liability issues, given that my property is beginning to be damaged. 

ThisIsWeird

Do you have Contents insurance? Does it include Legal Protection?
The Buildings insurance will be handled by the Freeholder/Management company.
If you could answer the above first, please.

HampshireH

Have you knocked on the above flats door to ask them? Seems like the most logical starting point

ThisIsWeird

Ok Socrates.
1) you have a responsibility for limiting any damage by reporting it as quickly as possible. If this issue ends up becoming tricky to resolve (which it shouldn't), don't be surprised to be asked when you first noticed it - and why you didn't act immediately.
2) the leak is seemingly coming from the flat above, so the first thing to do is to tell them so they can stop it, and make good any damage. (They can do this themselves, or through the Freeholder - their call).
So, invite them down to see what's happening, and note what they say and how they respond. If their response is positive - if they are alarmed and make it clear they will get a plumber out immediately, then I think I'd allow them that opportunity. (Assuming the leak is minor, and that them sorting the cause is all that's required. Bear in mind that a slow leak occuring over a prolonged time period - say a year - may have started to cause rot in timbers.)
3) if they deny it's coming from their flat, or don't take it seriously, or you have any concerns about them sorting it promptly and effectively, then you contact the Freeholder immediately. That is what you should do. 
4) how much damage to your property? How much will it cost to fix? If minor decoration, just get on and do it - unless the flat above offers to have it sorted - as they ideally should. If actual damage caused, or it's more extensive - eg your kitchen cabinets have swollen due to the water - then you claim off your contents insurance. (Not sure if fixed units will be covered?).
5) the tenant of the flat above will be responsible for putting all this right if they have been 'negligent'. Examples would be if leaks have been reported to them, but they haven't fixed them. Or, they have a history of carrying out dodgy DIY which causes issues. (Bear in mind that what you have been told about them is hearsay. It should make you more cautious, but don't assume they are careless.) You need to 'prove' negligence if you (or the FH) are to claim from them.
6) any doubt or concerns, inform the Freeholder - they own the building, and are responsible for it. Personally, I'd only not inform them if the leak was clearly very minor, and the source sorted immediately and conscientiously by the Tenant or Leaseholder.
I'd have some means of evidencing the upper flat's response - a witness, or even a surreptitious recording. 
7) if the leak turns out to have nothing to do with negligence or error by the tenant - if it's a corroded pipe that's just given way without any warning, for example - then the Tenant/Leaseholder is not responsible, so it should be for the Freeholder to sort - it's part of their responsibility. So if the Tenant is adamant that they've done now't wrong, tell them to inform the FH. And you do so if they clearly have not.
If you need to make a claim against the flat owner, then having LegProt will help. In fact, if you have this, call them immediately for guidance - it's free.

Soot2006

OP, I think you need to take a deep breath and step away from your friends and colleagues who appear to have extraordinarily convoluted thought processes.

Knock on door: "Good morning, there's some water coming through the ceiling that looks like it's coming from your flat. What a bother! Might this be under your bath/shower/sink/dishwasher/washing machine?" 

... "Of course you can come and have a look!" 

... "Just a perished seal/leaking join? How wonderful! Many thanks" ... OR ... "Not your flat and no clue? Best let your Landlord know, thanks. These things happen, but you know what insurance companies are like."

At the same time, notify the management company that you have had this conversation, just for their awareness.

I currently have 3 leaks in my bathroom. Nothing underneath (except for tupperwares to catch water lol), but leaks do spring just like that esp in older properties, and even a small dripping leak can cause a lot of damage once it starts to seep through. One was under bath tub and had to remove bath panel. Just waiting for plumber to come and replace all my ancient pipework in the whole bathroom ...

GDB2222

Water goes down. The upstairs people are cheerfully unaware that there's a leak, until you tell them.

Give them as much info as possible, ie where the leak is coming down, and where that corresponds to in their flat. 

outtatune

OP, you work with morons.

Tell the management company there appears to be a leak coming from upstairs, and they will contact the owner. It's a good idea to talk to the tenants too and ask them to let the owner know.

Unless the owner of the flat above has has acted negligently they are not responsible for fixing the damage in your flat. That's what your insurance is for.

Socrates1982

After much toing and froing (and contacting a council official), it has been determined the leak to be from the above property. Impossible to say, but it does seem that it wasn't the current occupiers or owners doing though (to cut a long story short). but the ingress has stopped. Upstairs have found some damage in their own property which they were unaware of and the owner has been good to the tenants in that respect. As for me, I'm taking the hit on the damage in my property which could have been a lot worse. Just posting this update as I logged on to post about somat else on a new thread and to close this one off. Thanks all. What a mess but thankfully not a crazy mess!