Leak from the flat above: who is responsible in London

A leak from the flat above is one of the most common plumbing emergencies in London, and one of the most confusing. The water is in your home, but the pipe is in someone else’s. The ceiling belongs to the building, the carpet belongs to you, and the person upstairs may be at work, on holiday or renting from someone you have never met.

The Leasehold Advisory Service puts it plainly: water leaks are very common in buildings containing flats, and responsibility depends on the cause of the leak, what your lease says and the terms of the insurance policies for your building.

Why Camden flats see so many of these

Camden has more households living in converted houses than any other borough on this site. In the 2021 Census, 26.2% of Camden households lived in part of a converted or shared house, and 56.2% in purpose built flats. Only 8.1% lived in terraced houses.

The big Victorian villas of Belsize Park, Hampstead and West Hampstead are often divided into five or six flats, each added at a different time. Bathrooms upstairs are frequently built over bedrooms and kitchens below. Pipes cross between flats under the floorboards. When a shower seal, waste joint or toilet connector fails upstairs, the first anyone knows about it is a brown stain on the ceiling below.

First, stop the water

Responsibility can wait. Water cannot.

1. Switch off electrics near the water at the consumer unit if you can do so safely. Do not use a light switch if water is coming through the fitting.
2. Catch the water in buckets and move belongings.
3. Go upstairs and knock. Ask them to turn off their water and stop using the bathroom.
4. If nobody is in, call the managing agent or freeholder.
5. If water is pouring and nobody can be reached, and there is danger, call 999.

If the flat above is empty or nobody answers, our guide to a leak from the flat above when nobody is in covers what to do next.

Who is responsible for fixing the leak

The Leasehold Advisory Service sets out the usual position. Leases vary, so always check yours.

Cause of the leak	Usually responsible
Pipe serving only the flat above, even if part runs outside it	Leaseholder of the flat above
Washing machine, dishwasher, boiler or bath in the flat above	Leaseholder of the flat above
Communal pipe, tank or boiler serving more than one flat	Freeholder
Leaking roof or damaged external wall	Freeholder
Water main or pipe before the boundary	Thames Water

If you are not sure what caused it, the plumber’s job is to find out. Ask them to write down what failed and where, with photos. If the cause is disputed, the Leasehold Advisory Service suggests a surveyor’s assessment.

Who pays for the damage

Fixing the leak and paying for the damage are separate questions.

The ceiling and fabric. Buildings insurance should cover repairs and redecoration to the fabric of the building, such as replastering a ceiling or repairing kitchen units. In a leasehold flat, the freeholder arranges the buildings insurance, so you ask them to make the claim. Our guide on buildings insurance and leaks from the flat above goes into this.

Your belongings. Buildings insurance does not cover furniture or electrical items. 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 damage to third parties.

The excess. The Leasehold Advisory Service says the excess might be recoverable from whoever was responsible for the leak, or shared through the service charge, depending on the lease.

If the neighbour was clearly responsible, it is usually best to agree a solution with them. If they refuse to pay and insurance does not cover it, legal action is possible but should be a last resort.

If you rent

Tenants have a simpler route. Your landlord must keep the water supply and sanitation installations in repair under section 11 of the Landlord and Tenant Act 1985. Shelter’s guidance explains that this covers pipes, basins, sinks, baths and toilets. Tell your landlord or agent in writing, and let them deal with the neighbour or freeholder. Your own contents insurance, if you have it, covers your belongings.

If the leak is coming from a flat above that is rented to someone else, the tenant upstairs should tell their landlord too. It often helps to swap landlord or agent details with them.

Access to the flat above

Sometimes the neighbour will not let anyone in, or cannot be found. The Leasehold Advisory Service says the landlord or managing agent will usually have a power under the lease to get access to a flat to investigate a problem, and can legally require the neighbour to do repairs. The lease may say the person asking needs to cover their costs.

Evidence to keep

• Photos and video of the leak and damage, with dates
• The plumber’s written note of the cause
• Copies of messages to the neighbour, managing agent and insurer
• Receipts for any emergency work

This record is what decides most disputes. It is far easier to gather on the day than to reconstruct a month later.

Getting the source found

A leak through the ceiling is often not directly below the source. Water can travel along joists before it drips. A plumber will look at what sits above the wet patch, test the shower, bath and toilet upstairs, and check pipes in the floor void if needed. Our water through the ceiling page explains the visit in more detail.