Damage control procedures explained

The flat above me has been empty for the past three months, and a couple of weeks ago water started coming through my ceiling.

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I was able to fix the problem but my ceiling is badly water damaged and the owner has said he won't pay for the repair. How can I ensure he pays up?

We get asked about this a lot and, actually, the owner of the flat upstairs may not be liable for the damage to your ceiling.

Although you can get quotes to repair the damage and look to take action in court (using the “Simple Procedure” if the cost of repairs is below 5K), for a case to be successful you would have to prove that the owner of upstairs had been negligent.

In this case you would have to show they hadn't taken reasonable care to prevent the accident happening, or that the damage was caused by the long delay in them doing anything about it once the problem was known.

In the first instance you should contact your insurer and make a claim though them.