Water damage – who is responsible?

Camden Leaseholders’ Forum homepage Discussion Board Repairs Water damage – who is responsible?

This topic contains 6 replies, has 7 voices, and was last updated by  Peter Wright 1 minute ago.

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    We’ve had damage to our flat from the flat of Council tenants above – water leaking through deteriorated bathroom grouting. A Council officer has told me verbally that the repairs are my responsibility – neither the tenants nor the Council having any responsibility. I find this difficult to accept, and fellow leaseholders have told me that it is not the case. Does anyone know of any reliable guidance on what I suspect is not an uncommon problem?
    Thanks in advance.



    Sadly in same position – upstairs balcony not waterproof and wrecked my ceiling paint. I got told the same thing, and from a quick google browse, I unfortunately thing they may be right. I believe if someone is egregiously negligent – example being given as leaving the bathroom tap on – you can make a claim which is then spread amongst all leaseholders (even though it is a claim against 1 person – weird). Otherwise, it is a case of claiming on your own insurance. Something I don’t fancy doing as I’ll lose my “no claims”. If you find out anything positive, please do report back!



    I am in the same situation I have had damage to my flat from the flat of Leaseholder above my flat – water leaking through damaged my kitchen ceiling wallpaper and this is the third time. All past repairs have been done by me. As I write, the problem has not been solved the kitchen ceiling wall paper has to be replaced. I am so upset as I don’t know how to resolve this problem. Does anyone know of any reliable guidance or help as to how I can solve my problem. NW1 0LA



    If that flat did the damage it should be their responsibility. If it was another car crashing into yours the driver of the car that did the damage could not tell you it was there fault. Well they could but if there were witnesses they wouldn’t get away with it. So do the same. Take some pictures of the damage and tell them their flat is causing damage to yours. Tell them they need to fix their problem asap and I think what has to be done is you report this to your insurance then your insurance contacts their insurance and it is sorted out. If you are a leaseholder, your policy for your flat is through the block policy for the building so you need to call them up. Probably is the Zurich one tel them the problem and the flat number that caused it then they will investigate and they will either send a contractor to get it fixed or ask you to find one and then pay you for the amount you have to pay the damage. If worse came to worse, you would have to tell the Council you would take them to court to get the damage fixed. That should get them thinking. We had water damage once from upstairs flat. The block insurance paid for the damage. Didn’t approach the council, just contacted the insurance.



    I have the same problem—kitchen and bathroom damage from leak upstairs. There is an excess fee to pay on our block insurance. Camden Council should pay (as a landlord to the tenants in the flat above). But how do I get them to pay? Small claims court, perhaps? What hassle! Grateful for your thoughts.




    I too have the same problem of damage from a leak from the flat above me (who is a Leaseholder). Please would someone post up the details of the Block Insurance company & any useful advice you could give me on making a claim – thanks

    Ps I have a video & pictures of the damage.


    Peter Wright

    If your property causes a leak (whether you are Camden as a landlord or a leaseholder) one you know there is a leak you are responsible for stopping it with all appropriate speed. If you do not do this, you become liable at least for any excess damage from being late. So, if Camden knows there is a defect in a tenanted flat and does not repair it, they are liable. Leaseholders are liable if there is a leak and they were negligent or failed to stop it as soon as they became aware of it. There is a £250 excess on Camden’s building insurance if you claim for water damage, which you can recover as set out.

    Peter Wright

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