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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11149
Experience:  30 years experience in property law.
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I'm a basement flat owner and a leak from the flat above has

Customer Question

I'm a basement flat owner and a leak from the flat above has caused damage to my ceiling and walls. Is the owner above liable for repairs to my property? As this problem has happened 4 times in the last 9 months how can I get them to confirm that it is now completely fixed
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
The owner above is liable if he was negligent in any way. This would normally excuse an owner from liability if there is a one off leak as the owner can't be expected to know about this. However, because you have sufferd the same issue four times over a short period of time, the upstairs owner is under a duty of care to ensure hat the defect has been properly fixed.
They are also liable to make good th damage to your property although in practice this will be dealt with by your insurers.
Happy to discuss further.

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