Water has leaked into my flat from the flat above and caused damage to my property. What can I do?

You will first need to establish the cause of the leak and who is responsible for repairing the problem under the terms of the lease.

Generally, an individual leaseholder will be responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of the flat.

Any communal pipes or apparatus serving more than one flat will generally be the responsibility of the landlord or management company.

If the leaseholder or occupier of the flat above has been negligent or failed to take appropriate action following the leak you may be able to pursue a claim against them for your uninsured losses. Specialist advice should be sought prior to embarking on any legal action.

If the leak was caused by a communal or shared pipe, the landlord or management company could be responsible and the costs of repair may be recoverable as a service charge depending on the circumstances.

If the repair is the responsibility of the management company and the landlord under the lease you may need to check with your building’s insurance to see whether such type of damage is covered under the insurance. Water leaks are commonly covered by insurance, but there is likely to be an excess payable.

Most buildings insurance policies taken out by landlords will cover water damage to buildings from whatever source.

In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.