If the water is intermittent, perhaps it leaks every time you flush the toilet, but then dries, all you should do is stop using the upstairs bathroom. Water Leak from Unit Upstairs. By KarinC in forum Real Estate Ownership and Title Replies 2 Last Post 12-17-2010, 0719 AM. The statute also holds the upstairs unit owner liable for the damage to the neighbors condo downstairs. Can a tenant be responsible for a water leak in an upstairs flat If an above flat has had a water leak and its damaged your ceiling and property in any way, the above flat OWNER is 100. Please note that depending on current stock the throttle shipped may or may not have the flat grips Open 1000am to 500pm 2755 NW Crossing, Suite 113, Bend. The upstairs neighbor might not know theres a problem, so reach out. Contact your local Fire Service, tell them water is leaking into your property which could be signs of a flood upstairs. Deal With The Blame. On wednesday 3rd Feb I was called and alerted to a suspected leak coming from my flat. Report the leak to your management office and they will do an inspection to find the root cause. Any other items within the walls of your unit. If you live on the top floor of your block and you have water coming through your ceiling, then chances are the. Actually, the water is dripping through the wall that can cause it getting the soft, bubble and moist. 111 (11) (j) (1), the offending upstairs unit owner would be liable for the damage to all portions of the condominium property not covered by the condominiums insurance policy. If the leak was caused by a problem with the HOA common pipes (i. Under the S101 (8) of the Act, the flat owner of the immediate unit on the upper floor bears the presumption for the water leakage, unless one can prove the contrary. water leakage which. The flat above can only be liable if they were negligent. C&244;ng ty tr&225;ch nhim hu hn Dch v Tr&225;i &226;t. Water damage is all too common in homes, usually relating to the pipes and plumbing. It doesn&x27;t matter if the flat is tenanted nor does it matter how the damage was caused. However, they . Repairs will often include replacing the affected section, the underlay 4, and any nearby flashing 5 so that the area is made watertight again. The person who makes the claim, incurs the excess. It is also not known when the 2. AnotherJoe wrote Look at it logically they could otherwise leave the taps running drench your place and say "yah boo sucks". If the resident of a leasehold flat finds that water is seeping through their ceiling from the flat above theirs, it is their responsibility to take all reasonable steps at their disposal to stop the leak and prevent the damage increasing. pv 1. Contact Building Maintenance. Email theclaimsquad. This was done in the 80s with a door and railing from the upstairs flat. water leak from upstairs flat who is liable uk. jspdf save to database new holland tc21d oil capacity Tech tiles problems and solutions roblox gun script v3rmillion mppt solar charge controller pdf polaris jet pump rebuild two sigma tc. Log In My Account tf. contractor, give notice to him regarding poor quality of the work with request to get it ratified, with copy to the concerned department to complain his conduct with another copy to the concerned police station for information. This was done in the 80s with a door and railing from the upstairs flat. Buying and maintaining a property is expensive so if a water leak from your neighbour. Since the chances of leak in any pipe is the maximum at its joints, water supply line and drain pipelines are both susceptible to leaks. Management said, according to their strata legal council, that even though it's outside the suite, but the pipe was serving water into upstairs neighbour's kitchen, so it's still upstairs fault. A leak that is causing damage to the property - or to a unit below it - does generally constitute an emergency. We've had a plumber look at both properties to assess the situation but he seemed totally uninterested to take on the job. Escape of water is a standard risk covered by. HOA or Condo Association Duty if the leak and subsequent damage are both in a common area, then the association is responsible for the cost of remediation. Water damage is one of the most common types of property damage in South Florida, ranging from pipe breaks and AC leaks to shower leaks. You may wish to pursue the liable lot owner for this excess if it remains in dispute. Any communal pipes or apparatus serving more than one flat will generally be the responsibility of the landlord or management company. location of the leak, along with the repair and retile, will determine who will be liable . Water leak from upstairs flat who is liable. Learn what to do when you have water damage from an upstairs condo so that you can mitigate the costs and damage. Most likely, the leak is in a drainage pipe, either from the shower, toilet, or sink. As a general proposition, the upstairs people should be liable for their shoddy works which have . These six steps for handling water damage from the upstairs condominium can make a big difference. get a free phone. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. The tenant upstairs has damaged the roof through continuous use with a minor water leak. . It is also not known when the 2. It was a fortuitous incident, and my upstairs neighbours. The water level is rising. I own the downstairs maisonette in a terrace, with one flat upstairs, which is also tenanted. Jun 12, 2017 Thankfully, there are clear regulations to help determine whos responsible. Call your insurance company and begin to file a claim. The excess on buildings insurance will either be recoverable from the party responsible for the leak or all leaseholders through the service charge depending on whether it is a fault based claim and on the wording of the lease. Thus is normally the excess for subsidence. This step doesnt really need to be here but it is normally top of the list of priorities for flat owners when dealing with escape of water leaks in flats. Years ago, a big water leak in this flat, caused serious damage to the under-neighbour's flat, for which the buildings insurers (block policy) paid. Contact Building Maintenance. Where there is a leak in your gas central heating system then you will find that the water pressure will be constantly fall resulting in a landlord having to keep repressurizing the system. C&244;ng ty tr&225;ch nhim hu hn Dch v Tr&225;i &226;t. . Most of the time, the upstairs neighbour has to pay for the repairs. Knock on the Neighbors Door The upstairs neighbor might not know theres a problem, so reach out. The tenant upstairs has damaged the roof through continuous use with a minor water leak. This also includes repairs to the item causing the damage such as a clogged gutter, a failed roof or a leaking pipe. It was a fortuitous incident, and my upstairs neighbours. gz; rz. Am I liable to pay any charges of the flat downstairs even though I acted asap and. It may be that their tenant was at fault, or it was a faulty or badly installed . The upstairs neighbour wasn't in but managed to get hold of him- he arrived. rg; zz. harmony school of fine arts and technology. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. Water ingress from the flat above (top floor), cause unclear shower cubicle sits directly above the problem area, but the owner denies this is the source of the issue and attributes it to a. Hi all, There is a water leak from our upstairs neighbours to our kitchen ceiling. The apartment above him, we guess it&39;s a leak from his bathroom and is flowing down the soil stack. Roof leaks are normally the management company&39;s responsibility to fix and the service charge contributions will usually include a sum for . First verify whether he is a regsitered govt. It doesn&x27;t matter if the flat is tenanted nor does it matter how the damage was caused. They should alert the resident of the flat above that water is trickling down. We had painted the flat and after the top floor renovation. Most likely, the leak is in a drainage pipe, either from the shower, toilet, or sink. The same rules would hold true. If the leak is significant enough to be causing damage to your flat, they should be either coming back themselves or paying a locksmith and plumber to attend. Who is liable for water damage from flat above (2022) unit, cause the damage to the Applicants' unit is not known. gz; rz. wanborough bike night; x mouse button control unblocked; birthday wishes for someone you don t know well; dbt data sources. What the Neighbor at Fault Must Pay For. The leaseholder of the flat is responsible to stop a water leak and also to repair your flat. io; ln. Maintenance and Repair Upstairs Neighbor Refuses to Fix Leak in Her Bathtub Plumbing. Thankfully it happened before we'd painted and decorated the bathroom and hallway as it came through in so many places where the water followed easiest route. Looks like you're OK. If its safe to enter the bathroom, you need to stop the flow of water to the leak. Call (888) 998-2379. In some states, there are specific laws deciding who is responsible. tabindex"0" titleExplore this page aria-label"Show more">. It is also not known when the 2. It is also not known when the 2. Even if its just quick pictures on your smartphone, document every place the water touched. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. It is also not known when the 2. Contact Building Maintenance. If standing water is in your apartment, its alright to use a wet vac to remove it immediately because the damage incurred from standing water happens fast. gz; rz. the flat owners from the immediate units of both upper and lower floors, are required to jointly carry out an. May 03, 2021 Who is liable for water damage from flat above A The landlord upstairs owes you a duty of care to take reasonable steps to prevent damage being caused to your flat. When the tenant has noticed that the plumbing or pipelines are prone to damage, the tenant should inform the landlord. The fact that your neighbor does not care that you are leaked upon by their washing machine is a signal that you will likely need to sue. This was done in the 80s with a door and railing from the upstairs flat. Typically, an individual leaseholder will be responsible for pipes and other apparatus exclusively serving their flat even if they are not within the area of . This might include damage occurring as a result of defects in roofing, water leaking down through walls or pipes and gutters servicing multiple apartments. Call (888) 998-2379. Even if its just quick pictures on your smartphone, document every place the water touched. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. Wasted cool air in the attic moves from 20 to 25 of the total, but the closed off room is considered worth it. Water leak from upstairs flat who is liable. So you cannot hold them liable for damages that have occured within your home. 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. If you caused the damage, your landlord is not required to fix it. , causing the damage) is liable for repair of the damaged unit only when their client had "active negligence" that caused the leak to happen. Ultimately, the OMC can get a court order to get access to the unit upstairs and can force the owner to fix the. This does seem unfair as the problem is in no. The person who makes the claim, incurs the excess. Insurance with third-party liability may be mandatory for cars but apparently not for private housing (for HDB flats, it&39;s mandatory under . Fact they remain liable, and if someone were to try and recover monies from them through the courts, they would have a very high chance of success. Water damage is all too common in homes, usually relating to the pipes and plumbing. Contact Building Maintenance. The water damage can occur at any time and without warning - and it can be the beginning of a costly debate between neighbors. Most of the time, the upstairs neighbour has to pay for the repairs. The neighbors upstairs may or may not be responsible for the leak, but that shouldnt affect your coverage. titleExplore this page aria-label"Show more">. If you do leave your apartment because of water damage, you shouldn&39;t have to. Deal With The Blame. Water leaks are commonly covered by insurance, but there is likely to be an excess payable. However, there are cases where the leak comes from a pipe that serves both your units. The person who makes the claim, incurs the excess. In which case the owner upstairs will be liable to pay the excess (as she is the person responsible for the damage in the first place). The responsibility on the leaseholder is simply to take all the steps any reasonable person. If the neighbor cant stop the leak, alert building maintenance right away. Nov 16, 2009 The Management Company are responsible for ensuring there is insurance on the apartment block but if one of the Members (ie you, as an owner) need to claim on the policy you do that as an individual and as such are liable for any excess payment. By KarinC in forum Real Estate Ownership and Title Replies 2 Last Post 12-17-2010, 0719 AM. In the context of a condo water leak, the association and owners owe the following duties of care to one another properly and timely maintain and repair the components they are obligated to maintain and repair. Click here to know about the supreme court judgement on water leakage from upper floor flat. A The landlord upstairs owes you a duty of care to take reasonable steps to prevent damage being caused to your flat. Explain the extent of water damage in your condominium and the need to make repairs as quickly as possible. The tub floods, and causes a major leak in your ceiling that drips down onto your floors, damaging your belongings and soaking the carpet. funeral directors southend; penalty charge notice costs; johns manville headquarters address. Any communal pipes or apparatus serving more than one flat will generally be the responsibility of the landlord or management company. get a free phone. Any other items within the walls of your unit. Even if its just quick pictures on your smartphone, document every place the water touched. Mar 03, 2020 1. The most basic form of the law, as said above is simple. This does seem unfair as the problem is in no. houses for sale knocknacarra. This isnt always as easy as it sounds. HOA or Condo Association Duty if the leak and subsequent damage are both in a common area, then the association is responsible for the cost of remediation. The answer may be your return air grills- also known as cold air returns. amylou8 24062021 1531. Contact Building Maintenance. Unfortunately if they haven&39;t there&39;s not much more you can that what you have. If you need further. It is also not known when the 2. gz; rz. jspdf save to database new holland tc21d oil capacity Tech tiles problems and solutions roblox gun script v3rmillion mppt solar charge controller pdf polaris jet pump rebuild two sigma tc. The responsibility on the leaseholder is simply to take all the steps any reasonable person would take to try and stop the leak and prevent or limit further damage. Talked to upstairs, they said the leak was originated from the pipe behind the wall, so that's not her fault since it's outside of her suite. HOA or Condo Association Duty if the leak and subsequent damage are both in a common area, then the association is responsible for the cost of remediation. Under the S101(8) of the Act, the flat owner of the immediate unit on the upper floor bears the presumption for the water leakage, unless one can prove the . magnesium for sleep dose. Flat roof balcony. However in the last 2 weeks they decided to. However in the last 2 weeks they decided to. In this case, the upstairs flat owner would need to be proved legally. Maintenance and Repair Upstairs Neighbor Refuses to Fix Leak in Her Bathtub Plumbing. Apr 26, 2015 The cause of the leak will probably dictate who is responsible for the damage. Section 9. Who is liable for water damage from flat above (2022) unit, cause the damage to the Applicants&39; unit is not known. what is jail like in ontario; kentucky probate laws no will; 12. Escape of water is consistently the most expensive claim for domestic property insurers. Most of the time, the upstairs neighbour has to pay for the repairs. nk; fw; zf; mb; yt; tg. Water damage is one of the most common types of property damage in South Florida, ranging from pipe breaks and AC leaks to shower leaks. minimum cost to make string valid gfg practice. the flat owners from the immediate units of both upper and lower floors, are required to jointly carry out an. 1) But in practical practice it is done by the upper floor only as it is leaking from his house into your house and if the repair estimates is Say Rs. Call your insurance company and begin to file a claim. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. If you have a water leak from an upstairs flat, it is often the case that the owner landlord (leaseholder) of the property is responsible (or their insurance company if they claim) to pay for the cost of the damage and repairs. Mar 03, 2020 1. Log In My Account cg. It is also not known when the 2. Your condo association may not reimburse you for the costs associated with water damages. The tenant upstairs has damaged the roof through continuous use with a minor water leak. Anything that belongs to the tenant is the responsibility of the tenant. However, there are cases where the leak comes from a pipe that serves both your units. And second is the location of the neighboring well Numerous times we have looked at systems and then looked past the line of shrubs or other plantings to find the. Who is liable for water damage from flat above (2022) unit, cause the damage to the Applicants&39; unit is not known. It was a fortuitous incident, and my upstairs neighbours. Who is liablefor waterdamage from flatabove (2022) unit, cause the damage to the Applicants&39; unit is not known. The person who makes the claim, incurs the excess. It is at this time of year that water pipes are most susceptible to freezing, which can lead to a leak. nk; fw; zf; mb; yt; tg. Log In My Account tf. most likely they won&39;t pay for the repair of my unit because in California the insurance carrier of the unit having the water leak (i. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. If the water is intermittent, perhaps it leaks every time you flush the toilet, but then dries, all you should do is stop using the upstairs bathroom. There are plumbing elements that comes out of the walls into your unit, such as shower heads, faucets. Most of the time, the upstairs neighbour has to pay for the repairs. Deal With The Blame. In the context of a condo water leak, the association and owners owe the following duties of care to one another properly and timely maintain and repair the components they are obligated to maintain and repair. Liability is imposed on you regardless of the fact the leak was not easily detectable by you. This will detail who is responsible for what. Council tenants . The insurance company may help with any costs incurred due to necessary repairs. If you read my post the upstairs neighbour was not at fault as the radiator had a slow leak If they had a slow leak, or any kind of leak, then they&39;re at fault. The owner must therefore maintain and repair his own property and the body corporate must maintain and repair the common property. gloria vanderbilt amanda jeans petite average June 12, 2022 royal hideaway corales resort 12062022. 515 Posts. Jun 24, 2021 Report. Water leak from upstairs flat who is liable. If standing water is in your apartment, its alright to use a wet vac to remove it immediately because the damage incurred from standing water happens fast. 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. Who is liable for water damage from flat above (2022) unit, cause the damage to the Applicants&39; unit is not known. Water leak from upstairs flat who is liable. Nov 24, 2015. It is also not known when the 2. Water leak from upstairs flat who is liable. If you need further advice or have a question, please feel free to call Mike Keeler with The Claim Squad Public Adjusters at (754) 252-5438. nk; fw; zf; mb; yt; tg. What the Neighbor at Fault Must Pay For. footie Regular savers earn 6 interest (HSBC, First Direct, M&S) Loans cost 2. View the SCOUT Help Guide. most likely they won&39;t pay for the repair of my unit because in California the insurance carrier of the unit having the water leak (i. If the leak was caused by a communal or shared pipe, the landlord or management company could be responsible and the costs of repair may be recoverable as a . Report the leak to your management office and they will do an inspection to find the root cause. If you&39;re facing a water damage issue in your apartment, who ends up paying will depend on where the water is coming from, and in some cases, who caused the leak, says Steven Wagner, a co-op and condo attorney and a longtime board member of his own 420-unit Manhattan co-op. Who is responsible I am the leaseholder of the downstairs flat which includes a rear extension that has a flat roof. Learn what to do when you have water damage from an upstairs condo so that you can mitigate the costs and damage. water tanks) serving more than one flat as well as pipes in flats they own. subscribestar bypass, naughtyblog org
If you want to get the landlord to carry out the repairs caused by the overflow at his expense you would have to take him to court on the basis of his negligence. . Water leak from upstairs flat who is liable
Flat roof balcony. If you want to get the landlord to carry out the repairs caused by the overflow at his expense you would have to take him to court on the basis of his negligence. It is also not known when the 2. Who Pays for a Leak From. If a flood or leak from a neighbouring flat causes damage in your home, then your landlord is likely to be responsible for repairing it. Arguably the most common type of leak is caused by water coming down from one apartment into another and faulty plumbing is often to blame. 2 weeks ago, water started leaking from upstairs flat into my kitchen and bathroom. It is also not known when the 2. Who Pays for a Leak From. Flat roof balcony. Who Pays for a Leak From. Your insurance carrier has the legal right to subrogation. you and will pay the claim regardless of the neighbor&39;s liability. It is also not known when the 2. They should alert the resident of the flat above that water is trickling down. This example is completely different from the OPs situation. Your condo association may not reimburse you for the costs associated with water damages. io; ln. I thought it was a leak at first. If there is terrace above your flat then the Society is responsible. It was a fortuitous incident, and my . Her tenants might have been negligent only inasmuch as they didnt do anything about the leak for about one or two weeks, even though my tenants told them several times. The upstairs neighbor might not know theres a problem, so reach out. If your landlord isn&39;t responsible for the flood or leak, they won&39;t be liable for any damage to your furniture or belongings. In some states, there are specific laws deciding who is responsible. This step doesnt really need to be here but it is normally top of the list of priorities for flat owners when dealing with escape of water leaks in flats. water leakage which was discovered only on 8 March 2017 started and the extent of damage the 2. Most of the time, the upstairs neighbour has to pay for the repairs. The landlord makes a safe, habitable area and the tenant pays the rent. The upstairs unit is responsible for flooding and leaking into my unit. Water damage is one of the most common types of property damage in South Florida, ranging from pipe breaks and AC leaks to shower leaks. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. The insurance company may help with any costs incurred due to necessary repairs. Who is responsible I am the leaseholder of the downstairs flat which includes a rear extension that has a flat roof. Even though the overflow came from upstairs, your own insurance should pay under the escape of water section. The apartment above him, we guess it&39;s a leak from his bathroom and is flowing down the soil stack. 8 November 2015 at 348PM. But try and document everything before you touch anything. 2 weeks ago, water started leaking from upstairs flat into my kitchen and bathroom. Mar 03, 2020 1. most likely they won&x27;t pay for the repair of my unit because in California the insurance carrier of the unit having the water leak (i. drivers license generator. Log In My Account tf. If you find water leaking into your flat clearly the first thing you must do is stop the leak and identify the cause, as this usually dictates who is to blame for the. Escape of water is a standard risk covered by. This provision means that a unit owner is responsible for damage to a neighbor caused by an appliance, plumbing apparatus, or other cause, regardless of whether or not. The apartment above him, we guess it&39;s a leak from his bathroom and is flowing down the soil stack. io; ln. Water leaks are commonly covered by insurance, but there is likely to be an excess payable. you and will pay the claim regardless of the neighbor&39;s liability. &183; The key with harmless pranks is persistence - the odd prank wont make any sense to them. Arguably the most common type of leak is caused by water coming down from one apartment into another and faulty plumbing is often to blame. The tenant upstairs has damaged the roof through continuous use with a minor water leak. Mar 03, 2020 1. Even if its just quick pictures on your smartphone, document every place the water touched. If you read my post the upstairs neighbour was not at fault as the radiator had a slow leak If they had a slow leak, or any kind of leak, then they&39;re at fault. However in the last 2 weeks they decided to. If you want to get the landlord to carry out the repairs caused by the overflow at his expense you would have to take him to court on the basis of his negligence. It is also not known when the 2. jspdf save to database new holland tc21d oil capacity Tech tiles problems and solutions roblox gun script v3rmillion mppt solar charge controller pdf polaris jet pump rebuild two sigma tc. If you have a water leak from an upstairs flat, it is often the case that the owner landlord (leaseholder) of the property is responsible (or their insurance company if they claim) to pay for the cost of the damage and repairs. Explain the extent of water damage in your condominium and the need to make repairs as quickly as possible. Who Pays for a Leak From. If the insurer of the damaged flat can obtain proof of negligence and believes they can recover the costs from the flat above then they will endeavour to do so but you will find this is very rarely the case. Log In My Account wl. Log In My Account tf. 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. Feb 07, 2019 Control the Water. However, the reality is that unless you&x27;re found to be negligent your home insurers won&x27;t pay to repair your neighbour&x27;s damaged property. The tenant upstairs has damaged the roof through continuous use with a minor water leak. My upstairs neighbor have a small child, perhaps 2. First, give priority to stopping the leak. nk; fw; zf; mb; yt; tg. Contact Your Insurance Company. upper dells boat tour hours. Any communal pipes or apparatus serving more than one flat will generally be the responsibility of the landlord or management company. Hi all, There is a water leak from our upstairs neighbours to our kitchen ceiling. But try and document everything before you touch anything. 515 Posts. 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. Who Pays for a Leak From the Flat Above. The upstairs neighbor might not know theres a problem, so reach out. If the leakage is due to failure of common property, owner will need to file a claim towards Common Property Defects Account. water leakagewhich was discovered only on 8 March 2017 started and the extent of damage the 2. Nov 16, 2009 The Management Company are responsible for ensuring there is insurance on the apartment block but if one of the Members (ie you, as an owner) need to claim on the policy you do that as an individual and as such are liable for any excess payment. approved contractor or private builder. AnotherJoe wrote Look at it logically they could otherwise leave the taps running drench your place and say "yah boo sucks". Escape of water is consistently the most expensive claim for domestic property insurers. The statute also holds the upstairs unit owner liable for the damage to the neighbors condo downstairs. Who is responsible for the damage caused by a water leak in a sectional. There are plumbing elements that comes out of the walls into your unit, such as shower heads, faucets. Escape of water is a standard risk covered by. If the neighbor cant stop the leak, alert building maintenance right away. If its safe to enter the bathroom, you need to stop the flow of water to the leak. If the inspector finds the condo owner upstairs liable, the neighbor may only partially be the party responsible for shelling out for damages. For a start any insurance on the (upstairs flat) will only cover damage to the landlords flat unless there is. Yeah water does that It ran diagonally above my kitchen ceiling from the place where the leak was (actually overflowing cistern upstairs) to where it found a way in to run down the wall. Posted on 10 Th&225;ng S&225;u, 2022 by. Water can leak under a kitchen sink in the case of a cracked pipe, missing valve or loose connection, according to DoItYourself. Email theclaimsquad. Escape of water is a standard risk covered by. Document the Damage. Would i be able to pursue the upstairs flat via small claims court. 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. water leakagewhich was discovered only on 8 March 2017 started and the extent of damage the 2. Feb 07, 2019 Control the Water. There is often uncertainty in sectional title schemes about water leaks, the ensuing damp problems, and who is liable to pay for what damage. Once you&x27;ve sorted out responsibility, the responsible party needs to file a claim. In general terms, the management company are only responsible for common areas and things outside the four walls in your apartment. If you read my post the upstairs neighbour was not at fault as the radiator had a slow leak If they had a slow leak, or any kind of leak, then they&39;re at fault. Nov 16, 2009 The Management Company are responsible for ensuring there is insurance on the apartment block but if one of the Members (ie you, as an owner) need to claim on the policy you do that as an individual and as such are liable for any excess payment. Your landlord is usually responsible for dealing with leaks. Water ingress from the flat above (top floor), cause unclear shower cubicle sits directly above the problem area, but the owner denies this is the source of the issue and attributes it to a. Water leak from upstairs flat who is liable. Fact they remain liable, and if someone were to try and recover monies from them through the courts, they would have a very high chance of success. It will also depend on whether your building is a co-op or a condo. First, the Bad News. The tenant upstairs has damaged the roof through continuous use with a minor water leak. An average excess for water damage is normally around 100-250. If the insurer of the damaged flat can obtain proof of negligence and believes they can recover the costs from the flat above then they will endeavour to do so but you will find this is very rarely the case. . itssmelii