Leak damage liability

Hello all. Back in January I was contacted by the management company of a flat I rent to inform me that the leaseholder below my flat had reported a leak coming through their bathroom ceiling from my bathroom above. I called the leaseholder immediately to find out more and he informed me that he had been watching water dripping through the ceiling for around 2 weeks before raising the alarm (?!) and informed me that a hole had now appeared in the ceiling where the water was coming through. I had a plumber to the property within 24 hours and addressed the issue as soon as I possibly could.

I told the leaseholder downstairs that the hole had appeared due to his negligence and delay in raising the alarm and this had therefore led to more damage being done. If he had reported the leak immediately it would have been a simple case of letting it dry out and then repainting the area. I therefore felt it was his responsibility to fix the hole and then I would organise the repainting.

He told me not to worry about it and that he would sort it. I heard nothing more. Roll on 6 months and I have been contacted by the management company telling me that the leaseholders have been in touch with them re the leak damage and it is my liability to fix the damage. I explained the situation and they have said it is up to us to resolve the issue between ourselves.

Just wanted to know people’s thoughts on the matter. I do not think I’m being unreasonable and from what I’ve read it is each leaseholder’s responsibility to “to take all reasonable steps at their disposal to stop the leak and prevent the damage increasing. They should alert the resident of the flat above that water is trickling down”. It was their 2 week delay in this that led to a hole forming.

Thanks in advance.

How does repainting fix a leak? What is the root cause of the leak? It also depends on how visible the leak was to downstairs.

The leak was fixed by plumbers who I got round to my property within 24 hours of being informed of the issue. So the root cause is sorted.

do you have any photos of the hole that was apparently caused by your leak?

Hi there. The first photo is what the guy sent me when we first spoke, I can’t see much of a hole to be honest but can see there’s mould where he’s left it 2 weeks.

A few days later he sent me this last photo. I’m not sure what all the foam is or why there’s now a gaping hole. It’s all a bit odd.

And have you actually been into the flat to see the damage for yourself?

I haven’t done, no. I live a little way away and honestly thought it was a resolved issue until the contact made yesterday.

I think you need to have a conversation with the person underneath, and ask him what the foam is. Have a look at the damage & discuss the delay. see if you can agree an outcome between you.

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