A common question landlords and tenants face is: if there’s a leak from the apartment above, who is responsible for repairs and associated costs?
Understanding the key factors, insurance coverage, and standard procedures can prevent stress, disputes, and unexpected expenses.
1. Understanding the Block Policy for a Leak from the Apartment Above
If your apartment is part of a management company (OMC) controlled block, there is usually a Block Insurance policy. All owners contribute via their annual management fees. This policy generally covers structural damage caused by a leak from the apartment above or other accidental incidents affecting multiple units.
2. Understanding the Landlord’s Contents Policy
A landlord’s insurance policy provides cover for:
- Accidental damage caused by a leak from the apartment above
- Injury or illness to tenants
- Loss of rental income if the property becomes unfit for habitation
Contents cover protects furniture, appliances, and other items provided for tenants’ use.
3. Reporting a Leak from the Apartment Above to the Managing Agent / OMC
If a leak from the apartment above occurs:
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Contact the managing agent immediately. They may notify the Block Insurer and/or send their own plumber to reduce further damage.
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Proper documentation ensures clarity and can help avoid disputes about responsibility. For more guidance on steps to take when water leaks into your flat from the apartment above, see Leasehold Advisory Service.
4. Considering the Policy Excess
The policy excess is the amount the insured must pay before the insurer covers the claim — often €2,000 or more for “accidental escape of water.” Understanding this cost helps landlords anticipate potential out-of-pocket expenses for a leak from the apartment above.
5. Responsibility for the Excess in a Leak from the Apartment Above
- Typically, the management company holds the policy, but the individual submitting the claim is responsible for paying the excess.
- Exceptions occur if the management company is at fault (e.g., a common pipe leaks). They may choose to cover the excess, though not legally required.
- If a neighbour’s apartment caused damage, and you make the claim, you may be personally liable for the excess unless the neighbour contributes voluntarily.
6. Checking the OMC’s Standard Procedure
Management companies handle excess and claims differently across developments and incidents. If a leak from the apartment above affects your property, it’s always worth confirming the standard procedure with your OMC. Knowing how your block typically manages claims can save time and avoid misunderstandings.
Need Assistance?
Get in touch if you need assistance with a leak from the apartment above or have any related questions.