Updated October 2026 · Fraser Bond
Leasehold · Repairs
Leak from upstairs? Who pays, and what to do now
Who is usually responsible
| Source of the leak | Usually responsible | Usually claimed on |
|---|---|---|
| Burst pipe or appliance in the flat above | Upstairs owner | Building insurance (escape of water) |
| Overflowing bath or careless use | Upstairs occupier | Building insurance, or their own liability cover |
| Shared pipes, roof or gutters | Freeholder or management company | Building insurance or service charge |
| Your own fittings | You | Your own insurance |
| Damage to your belongings | Depends on cause | Your contents insurance first |
Leaks between flats: a general guide. Your lease sets out the exact responsibilities.
What to do in the first 24 hours
Check your lease for who insures the building. Most blocks have one policy arranged by the freeholder, with an excess that may be recharged to the flat where the leak started.
Report it to your landlord or agent at once. Your landlord must repair the structure, pipes and installations. Your belongings are covered by your own contents insurance, if you have it.
Act fast: you must keep the structure and installations in repair and deal with damp. Arrange drying and repairs, keep your tenant updated and log everything.
Evidence to keep
Landlords: let us handle it
- 24/7 reporting for tenants of managed homes
- Trusted plumbers, leak detection and drying contractors
- Insurance claim support and liaison with the managing agent
- Clear updates to you and your tenant
Frequently asked questions
Is my upstairs neighbour liable for water damage?
Usually, if the leak came from their flat and was caused by their pipes, appliances or carelessness. Most claims are settled through the building insurance.
What if the upstairs flat is empty?
Contact the managing agent or freeholder. Many leases let them enter in an emergency.
Who pays the insurance excess?
It depends on the lease and the policy. It is often charged to the flat where the leak started.
Can my landlord charge me for leak damage?
Only if you caused it. Normal leaks from pipes and the structure are the landlord's responsibility to repair.
Want your London flat managed properly?
We handle repairs, emergencies and insurance claims for landlords.
Speak to our teamProperty management
