• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Tenant is responsible for damage to neighbouring flat

This post is more than 11 years old

February 10, 2015 by Tessa Shepperson

FlatsHere is a question to the blog clinic from Julie who is a tenant’s neighbour:

The property above mine is rented, managed by a letting agent. One month ago, exactly, I noticed water marks on my lounge ceiling & I notified the tenant, and the letting agent was notified.

However, a month down the line the leak has not been fixed dispite several appointments made for a plumber to attend. I am told by the agent that the tenant will not allow access, even though she passed on the report of the leak.

I have continued to get water seepage, not only onto my ceiling but also on two walls and on an archway and the stains are getting worse with paint bubbling now too.

The letting agent is telling me that they cannot gain access if the tenant refuses.

Is this the case even after written notification has been given?

Answer:

The agents are right, if the tenant will not let them in, it will be unlawful for them to enter anyway, save in a case of real emergency (for example if the building is on fire). See this post here.

When a property is let to a tenant they are the ones who have control over it (or to put it another way, they ‘own’ it temporarily). In which case it will be the tenant who you should contact about compensation for damage to your property.

A solicitors letter may be a good idea.

However whether this has any effect or not, will really depend upon who the tenant is. Some tenants are, it has to be said, feckless and irresponsible individuals. Occasionally tenants may have mental health issues.

In which case there is not a lot you can do, other than wait until the tenant has left.

The landlords will probably not want this tenant to stay, as if the water seepage is damaging your flat it is almost certainly also damaging the rented property and the landlord will not want this to continue.

So they may be gone in a few months. If not, you may have no choice, if you cannot effect repairs, to consider legal action.

Previous Post
Next Post

Filed Under: Clinic Tagged With: Neighbours

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Rent Rebel says

    February 10, 2015 at 1:36 pm

    “I notified the tenant”

    Did you speak to them tho?

    Of course best thing wd be for the tenant upstairs to just let the other tenant come in and see what’s what. So many misunderstandings / disputes can be resolved if us humans handle them well. I wonder if neighbour relations and / or tenant-agent relations are already fraught. But – speaking personally – I wd knock their door (every morning/evening for a week if necessary) and see where that gets me.

    Then (with more actual facts to speak of) we might have cause to label this tenant “feckless and irresponsible”.

  2. Industry Observer says

    February 10, 2015 at 3:48 pm

    Where that will get you Rent Rebel is a claim for damages for harassment under The Harassment Act 19967 I think it is.

    Section 11(6) of the 85 L&T Act alone probably gives enough powers of entry for this sort of situation. Otherwsie throw in s16 and s116 of the 88 Act as well.

    Quiet enjoyment is a privilege but not an absolute Divine Right. If the tenant upstairs objected and tried to sue for breach of it they’d be laughed out of Court. “So Mr Plaintiff you want to sue your Landlord for attending to an essential repair that for some bizarre reason you refuse access to complete a month after it was reported. And for no good reason unless you are growing cannabis or housing illegal aliens?”

    The prosecution rests

  3. Ian says

    February 10, 2015 at 3:54 pm

    If no progress is made, should the legal action be brought against the tenant or the landlord of the flat above? E.g. is the landlord responsibly for all the damage from a leak that his/her tenants will not give access to fix?

  4. Ben Reeve-Lewis says

    February 10, 2015 at 6:52 pm

    What hasnt been addressed here is the question of the source of the leak.

    I remember once getting involved in a similar dispute where the source of the leak emanated from the demise of the downstairs tenant not the upstairs one because of the design of the building.

    Following my understanding of the finer points of Grand v. Gill (2011) it would appear that tenant misuse doesnt absolve the landlord from their s11 duties but they can then sue the tenant.

    Landlord/tenant law isnt about outrage and summary justice, its more akin to a car crash, where the person in front of the pile up sues the person behind them, who sues the person behind them etc etc

  5. Rent Rebel says

    February 10, 2015 at 6:55 pm

    That’s funny IO. Cos presumably any such person that sued for said “harassment” when a neighbour knocks the door wd be the same kind of person (tenant) to refuse an agent/landlord access for essential repairs.

  6. HB Welcome says

    February 10, 2015 at 9:39 pm

    Julie,

    Some landlords won’t give a damn about your ceiling as long as the rent is being paid. Cost of evicting, loss of rent, voids and hassle make it not worth their while unless they are pressured.

    Get the freeholder/block manager involved. In the lease for the flats there will almost certainly be something in there about repair access, damage etc.

    Additionally, consider putting in a claim on the block insurance. There might also be some kind of ‘leak and trace’ cover.

    I had a similar situation with the flat above one of my tenants. The occupants were purposefully flooding the bathroom (amongst other things) in order to get a section 21 eviction as they wanted rehousing somewhere with a garden.

    They apologised to my tenants for doing it when they left,
    which was nice.

  7. Ian says

    February 10, 2015 at 10:52 pm

    Yet anther reason I would demand a VERY good yield before I consider buying a flat for BTL…

  8. Chris Hammond says

    February 11, 2015 at 9:54 am

    It should be possible to insist that the Local Council takes legal action as well as bringing your own civil action.Since 1 flat is allegedly effected by damp from from a problem outside the boundary of that flat, a Statutory Nuisance may exist. The Council must investigate a complaint under such circumstances and must serve an abatement notice on who it thinks is responsible if it decides such nuisance does exist or likley to occur or recur. See Environmental Protection Act 1990 Part 3.

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy