Burst pipe between my ceiling and upstairs

There was a burst pipe between me and the flat upstairs, and it caused my ceiling to fall down. I am wondering who should be responsible for the repairs? Myself, upstairs, or the freeholder who holds the building insurance? Now the upstairs fixed the ceiling without painting it, should I chase him back to do it? Or should I get the building insurance to get it repaired? The upstairs is acting like he is doing me a favor. Any suggestions, please?

This happened to me
Costs were covered through the leasehold building insurance.
I did ask the landlord of the flat above to repair damaged electrics etc
It can be covered by either landlord or buildings insurance which we pay for through the leasehold fees

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The upstairs guy probably was doing you a favour. Unless the burst pipe was due to his negligence, he has no liability and it should be an insurance job.

His bathroom leaked to my flat every year. How to define whether it’s his negligence or not? If he keeps doing like this, what can I do? I don’t want and I think I shouldn’t clean his mess every time. He is the freeholder and has the building insurance. Is this covered by building insurance?

yes it is covered by building insurance


Should be covered - request a copy from the property management company; I make sure mine is up to date & also provide my tenant with a copy at the start of tenancy.

If it was every year then that may change his liability, but it depends on the circumstances. I would keep up the pressure if I were you. I’ve just contributed to the redecoration of a flat below mine after there was a leak under the bath that wasn’t properly repaired the first time.

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even he is the building insurance holder? Is he still doing me a favor?

Yes, it leaked every year. And this time he said it’s the pipe’s problem. But the last two times were caused by his bathroom.

The flat above mine leaked again from the same place, I contacted the landlord, he refused to send a plumber to fix it immediately, his excuse is it’s too late, although it was only 6-7 pm when I contacted him. Now there is very bad mould growing in my whole flat, my tenant is suspecting that there is infiltrating going on. Does anybody know how to deal with this, please? This is really annoying, it’s only 6 months since the last big leaking.

Absolutely, go to a solicitor and sue the crap out of him unless he gives you contact details of his insurance(s) within a day.

My flat is a converted flat, when I bought it, it came with share of frehold, however, when the same seller sold the flat above us, Stuart & Co solicitor transferred (seller’s solicitor) transferred our title of share of freehold to the new owner by modifying the TN1 form after we signed and without noticing us, I found this matter in 2019 and contacted Stuart & Co, they chose not to reply, I am pretty sure they got this matter alerted. So the landlord above us has the full freehold title now. I am worrying if I would like to sell my flat, and he refuses to sign, then I can’t sell it. Any suggestion for this?

Go to a solicitor straight away. You found this out in 2019 and haven’t done anything about it?

This is something that a solicitor needs to sort and get the land registry involved. It has a negative impact on your property value, rights to make decisions etc.

Good news is that the solicitor and the previous owner will have to pay and are liable for damages. Do not delay, get a solicitor involved asap.


Oh gosh - I wonder if you were the landlord of the flat that I was supposed to occupy.
Hope you get everything sorted correctly. x