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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I live in a ground floor maisonette, the above rental

Resolved Question:

I live in a ground floor maisonette, the above rental property has had a leak and damaged my kitchen celling, the leak was from a washing machine, is the owner of the upstairs property liable for the damage?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
There is no service charge paid to any managing agent, just ground rent.
Customer: replied 1 year ago.
I'm told by the tennent that the washing machine was already in the flat and they had notified the landlord about a build up of water in the kitchen, he failed to act.
Expert:  Buachaill replied 1 year ago.

1. Dear Mat, yes the owner of the flat above is liable for the entering of water from his flat into your flat. Essentially, this water constitutes a nuisance in law and both an owner and an occupier of property is liable for the emission of water from their flat premises into an adjoining flat or the flat below. It does not matter how the emission of water occurred. Here, the flat owner is liable for the water from his washing machine entering your flat and causing damage to your ceiling. The flat owner is also liable for all other damage caused by the water. It makes no difference that there is only ground rent payable. The principles are the same. So here, you should contact the flat owner and seek recompense for the damage.

Expert:  Buachaill replied 1 year ago.

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