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You will first need to establish the cause of the leak and if it is clear that it was the upstairs Leaseholder's boiler was the cause of the leak, generally, that person will be responsible for pipes and other apparatus exclusively serving their flat.
(Any communal pipes or apparatus serving more than one flat will generally be the responsibility of the Landlord or management company).
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.
Not sure if you have your own Contents insurance but if you do, you should also speak to your Insurance Company as you should be covered to claim under your policy. Your policy may also have legal cover, meanng they will cover any legal costs incurred by you in pursuing a claim against the upstairs leaseholder.
I hope this assists and sets out the general legal position. If I have helped, I would be grateful if you could leave feedback by clicking on 4 or 5 stars at the top of your screen before you leave this site today.
Hi, can I assist you any further?
Hi, you will therefore need to take action against the upstairs Leaseholder- you will need to put together a list of your losses and then instruct a litigation Solicitor to write to the upstairs Leaseholder setting out your claim. If no agreement can be reached, you would need to issue Court proceedings to progress your claim.
Hi, if you need to issue Court proceedings, there is a standard form you will need to complete but you are best to speak to a Solicitor first and if he writes a letter for you to the upstairs Leaseholder, you may not need to start any Court proceedings. If you can't afford a Solicitor, you can contact your local Citizens Advice Bureau.
Hi, try "Problems where you live" topic. I hope I have answered your question and if so, I would be grateful if you could leave feedback at the top of your screen, with 4 or 5 stars.
Many thanks and Good luck Andrew
Hi, I am sure you can send them an email and they will come back to you and you can also contact your local Citizens Advice Bureau- it would be best if you did that as their website merely gives you general information and advice and I have of course already explained that you need to make a claim against the upstairs Leaseholder.
Kind Regards Andrew