An incoming leak is always a cause for concern. Left untreated, leaks can lead to further damage to your property and issues with damp, mould, and rot. So, what can you do?
Establish where the leak is coming from
First, it’s essential to establish where the leak is coming from and determine whether it is an individual or common responsibility. If it is coming from the flat above or individually owned pipes, it is likely to be the individual responsibility of the flat owner. Whereas if it is coming from the roof or a common pipe, it is likely to be a common responsibility. As always, check your titles to determine ownership and responsibility.
Notify your insurer
In either case, notify your insurer as soon as possible that there is an ‘escape of water’ in your property. This is different from a ‘flood’. Water build-up in a property is typically classed as a ‘flood’ when the water has entered through an outside or external source, like an overflowing stream or burst water mains.
An ‘escape of water’ refers to water leaking in from somewhere within the property, such as a burst pipe. If the flat above is leaking into your property, it is likely to be classed as an ‘escape of water’ by your insurer.
Check your building insurance policy to see what is covered in the event of an escape of water. It should provide cover for your building, and cover contents or personal belongings that you have chosen to insure. It may also include accidental damage, which would provide cover for accidental leaks. For example, if there was accidental damage to a pipe that caused a leak.
Notify the owner
For leaks that are coming from the flat above, contact the occupant to inform them of the situation. If the occupant is a tenant, they should inform their landlord or letting agent. The owner of the flat would also need to contact their insurance company and inform them of the leak.
If the leak is coming from a part of the building that is the owner’s individual responsibility, like a pipe that they have sole use of, then it should be treated as an individual repair.
In such cases, the owner would need to see if their insurance company offers a ‘trace and locate’ or ‘trace and access’ service as part of their policy to determine the cause of the leak and the necessary steps to address the problem.
If the leak is from a common pipe, repairs are likely to be classed as common – but, as always, check your titles to clarify common responsibility elements in your building. For repairs to common pipes, make sure to follow proper procedures and inform your co-owners before carrying out the work.
That said, if the leak is causing considerable damage to your building and/or property, it may be necessary to treat it as an emergency repair.
If you have a factor for your building, you should also notify them of any leaks to your property or building. It’s helpful to give them as much information as possible, such as when the leak started, where it has originated from, whether it’s ongoing, and any resultant damage.
Seek help from Environmental Health and remind of Duty to Maintain
If you are facing resistance from the owner(s) of the flat above to deal with a leak and it is an ongoing issue, contact the Environmental Health team at your local council for assistance.
Additionally, you can remind the owner(s) of their Duty to Maintain the support and shelter of the building. If an ongoing leak is causing significant damage such that it is affecting the structural integrity of the building, the owner who is liable for the repair will be in breach of their Duty to Maintain.
