Water leaks in leasehold flats

It’s important to deal with water leaks quickly, because they can cause a lot of damage. Insurance companies will expect you to have taken reasonable steps to try to stop the leak and limit the damage.

Finding and stopping the leak

The first step is to find the cause of the leak and make sure it’s stopped.

Start by checking visible pipework, taps, and seals around baths and showers.

If you know where the main stop tap is, try turning off the water supply.

Sometimes a leak is hard to trace because the building may have many pipes and appliances. Water can also travel through the structure of a building.

Some companies offer leak detection services. Your landlord or managing agent may be able to advise you about services you can use. Ask your landlord if the buildings insurance policy has cover for tracing the source of a leak.

Try to reduce any damage, for example by using buckets, mopping up water, moving furniture and appliances, and lifting carpets to help them dry out. Unplug any electrical appliances that are affected.

If the leak is coming from another flat

If you think the water is coming from another flat, knock on the door and speak to the owner or tenant. You should also contact your landlord (freeholder) or managing agent to let them know.

If your neighbour is not cooperating, ask the landlord or managing agent to help. They will usually have a power under the lease to get access to a flat to investigate a problem, although the lease may say that you need to cover their costs.

They can legally require your neighbour to do repairs. They should also have the contact details for the owner, and the tenant if the flat is rented.

Checking the cause

Once you’ve found the leak it’s a good idea to get proof about the cause, such as photographs, or a report from a builder or plumber. You may need this for an insurance claim or if there’s a disagreement.

Contacting people

Contact the relevant people as soon as possible. This may include the management company, your landlord or freeholder, your insurance company and neighbouring flat owners or tenants.

This helps you meet your obligation to take reasonable steps to deal with the leak, as well as gather information about the cause of the problem and what to do.

Your lease will say who is responsible for repairs to different parts of the building.

Usually, each leaseholder is responsible for:

• pipes serving their own flat, even if part of the pipe is outside the flat
• their own appliances, such as washing machines, dishwashers and boilers

The landlord (freeholder) is usually responsible for:

• communal pipes, water tanks or boilers that serve more than one flat
• leaks caused by a problem with the structure of the building, such as a leaking roof or damage to an external wall

But check the terms of your lease carefully, because leases can vary.

If the cause is unclear or there’s disagreement about the cause, you may need an assessment from a professional such as a surveyor. They can also advise about what repairs are needed. You can find a surveyor from the RICS website.

If your landlord is responsible, find out how to request a repair and what to do if they do not fix the problem.

Once the leak has been stopped, make a note of everything that has been damaged, and take photos in case you need evidence.

If the landlord was responsible for the leak, ask them to pay for repairs to your flat. They may then recover the costs from all the leaseholders through the service charge, or they may be able to claim on the buildings insurance.

If your neighbour was responsible, ask them to pay. It’s usually best to resolve the situation by negotiation and agreement with them.

If your neighbour is unwilling to pay, or if the leak happened within your own flat, check whether any repairs might be covered by the buildings insurance or your contents insurance.

If insurance does not cover the damage and your neighbour refuses to pay, it’s possible to take legal action, but this should be a last resort. Get advice from a solicitor if you’re considering this.

Insurance claims

Buildings insurance should cover repairs and redecoration to the fabric of the building, such as redecorating or replastering a ceiling, or repairs to fittings such as kitchen cabinets. Your landlord is responsible for arranging buildings insurance and you’ll need to ask them if they can make a claim.

Buildings insurance will not cover damage to your possessions such as furniture or electrical appliances. You may be able to claim on your own contents insurance, or your neighbour may be able to claim on their policy if it covers third party damage.

Whether any insurance policy will cover the damage depends on the terms of the policy. The insurance company might not pay if the damage was caused by negligence, such as leaving a bath running or taking too long to fix a problem.

Insurance policies usually also have an excess – an initial amount that is not covered. The excess might be recoverable from the person who was responsible for the leak, or it might be shared by all leaseholders through the service charge. This will depend on what the lease says.

There are things you can do to reduce the risk of water leaks, or to reduce the damage and costs if they do happen.

• Make sure you have contents insurance that covers escape of water.
• Make sure you know where your stop taps are to turn off the water supply.
• Check seals around baths, showers and sinks, and replace them if they’re damaged.
• Check pipes, taps and appliances regularly for any signs of wear and tear.
• Have your central heating checked and serviced regularly.
• Take steps to fix problems quickly, such as a dripping tap or slow-draining or blocked sink. Call out a plumber if you have any concerns.
• Keep heating on a low setting if you’re away during cold weather, to prevent frozen pipes.
• If you notice any problems with the building, such as roof damage or blocked gutters, report them to the landlord or managing agent.