Landlord Advice- Dealing with Leaks from Neighbouring Property

If you are renting a flat, you may have problems with leaks and floods from neighbouring flats.

When this happens, it is your responsibility to sort this out not the tenants.

What are you responsible for when there is a leak from another flat?

You are responsible for the damage caused to your property such as collapsed ceiling, plaster damage, dampness etc. Within the tenancy, it will state what repairs you are responsible for and that tenants need to notify you of the Landlord as soon as possible and preferably in writing. You can only be responsible for the repair when you know about it, and you should act promptly when you are informed.

You as a landlord are not responsible for any damage to the tenant's belongings if you are not responsible for the leak. For example, if the flat above has a leak and damages the ceiling you are responsible for repairing the ceiling but as the leak was not your fault you are not responsible for tenants’ items, they should have their own renter’s insurance cover.

However, if you had a leak in your flat that caused damage to your property and damaged the tenants belonging such as a burst pipe in the bathroom, a washing machine fault that you supplied, boiler leak you are responsible for both the repairs to the property and damage to the tenant’s belongings.

In the case, that the neighbour's flat caused the damage you as a landlord can make a claim against your neighbour on the grounds of nuisance or negligence and a possible claim for compensation in situations such as an overflowing bathtub or faulty washing machine, which is common.

In instances where the neighbour refused to carry out repairs, you as a landlord have the right to seek an ‘order for specific performance’ from the county council. However, most blocks of flats are managed and covered by either the block building insurance or the leaseholder's own content insurance and they should be informed of the problem straight away as they may be able to offer advice avoiding seeking an order for specific performance.