Leak from the flat above: what to do and who pays

You look up and spot a damp patch on the ceiling, right below your upstairs neighbours' bathroom. A leak from the flat above is a shock, and you want it sorted quickly. This article explains what you can do straight away, how to talk to your upstairs neighbours calmly, who usually pays for what in the UK and how to keep a good record.

How leaks happen

Water always finds its way down. A dried-out shower seal, a loose washing machine hose or a tap left running: your neighbours often only find out when you knock. Their floor may be dry while the water runs between the floors to your ceiling.

Sometimes the cause is in a shared pipe or the roof, so do not decide straight away who is to blame.

First, limit the damage

Is it urgent, with water pouring through or near electrics? Then go round straight away, or phone if you have a number, and ask them to turn off the stopcock. If they are not in, contact the landlord, housing association, managing agent or building's emergency line. Switch off the electricity in the affected area yourself if water is reaching lights or sockets, and keep away from wet fittings.

If it is less urgent, such as a patch that is slowly growing, you can raise it in a friendly way:

"We have noticed a damp patch on our bathroom ceiling over the last few days, right under your bathroom. I am not sure whether you have seen anything on your side. Could we have a look together at where it might be coming from?"

Things you could ask for

Start small and practical. For example:

• A quick look together. Ask whether you could see their bathroom or kitchen to help work out where the water might be coming from.

• A plumber's visit. A professional can often spot quickly whether it is a seal, a waste pipe or a supply pipe.

• Pausing the shower. Until the cause is known, this can prevent further damage.

• Swapping details. Note each other's phone numbers and insurers.

Who pays for the damage?

Tell your own insurer early, even if you are not sure you will claim. Damage to the structure, such as ceilings, is normally a matter for the buildings insurance, which in a block of flats is often arranged by the freeholder or management company. Damage to your belongings usually falls under your own contents insurance. Whether your upstairs neighbours are liable depends on the cause: if they could reasonably have prevented the leak, for example by not leaving a tap running unattended, they or their insurer may have to pay.

If you own a leasehold flat, your lease sets out which pipes and parts of the building belong to each flat and which are shared, and who must repair them. If you rent, report the leak to your landlord in writing. In England and Wales, section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the structure and the installations for water and sanitation in repair. This is general information, not legal advice. Citizens Advice or your legal expenses insurer can help with your own situation.

Keep a record of what happens

Keep a log of when you first saw the leak, how big the patch was, what you did and what the consequences were, such as a damaged floor or a room you cannot use. Take dated photos of the damage in your own home, not of your neighbours or their flat. Do not post accusations in a local social media group.

In practice

A very common problem. According to the Association of British Insurers, insurers pay out millions of pounds every day for escape of water damage. Clyde & Co points to causes such as poorly fitted appliances and failed pipe fittings (source). Insurers are used to sorting this out.

Finding the source matters. A leaseholder reported a leak coming through from the floor above, but the flat upstairs denied it was the source and the landlord initially refused to investigate. In 2023 the Housing Ombudsman found that the landlord should have attended to see where the leak was coming from, and ordered it to pay compensation and report back on its inspection (source). Getting the cause investigated quickly, in writing, prevents a lot of frustration.

If you cannot sort it out together

Send a second, clear message setting out what you have recorded and ask for a specific next step. Where possible, let the insurers deal with the claim between them. Involve the landlord, managing agent or management company if shared parts of the building may be involved. A community mediation service can help if the relationship is under strain.

Help with that first message

The CalmNotes leak from a neighbour's home pack gives you editable example messages to report a leak calmly and follow it up, with an Excel log. You can find more practical packs for neighbour situations in our English packs for the UK.

Choose a suitable next step

Free incident diary — Record incidents, contact and agreements.

Prepare your records and request for help — Organise your information and prepare a request for help.

Find support — Find out who may be able to help with your situation.