Much obliged - a guide to residential leasehold covenants
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You will first need to establish the cause of the leak and who is responsible for repairing the problem under the terms of the lease. The damage may be covered on the buildings insurance.
If the leaseholder or occupier of the flat above has been negligent or failed to take appropriate action following the leak you may be able to pursue a claim against them for your uninsured losses. Specialist advice should be sought prior to embarking on any legal action.
If the leak was caused by a communal or shared pipe, the landlord or management company could be responsible and the costs of repair may be recoverable as a service charge depending on the circumstances.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
- Water is leaking from my neighbour’s flat and damaging mine: who should pay for it?
- Leasehold Practitioners (lists of solicitors, surveyors/valuers, and managing agents)
- Find a Civil Mediation provider
- Service Charges and other issues
- More Frequently Asked Questions on Rights and Obligations under a Lease
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