Landlord’s Responsibilities in the Event of Water Leaks or Floods
If a neighbouring apartment’s water leaks or floods cause damage to your unit, your landlord will most likely be responsible for restoring it.
For example, if the water causes your ceiling to collapse or damages the plasterwork, your landlord must repair the damage.
This obligation stems from an implicit clause in your lease agreement that states the landlord is responsible for keeping certain elements in good repair.
This includes your home’s structural elements, such as walls, ceilings, and plasterwork.
Your landlord will only accept responsibility for repairing the damage if they know it.
If your neighbour’s carelessness, such as leaving the bathtub to overflow, caused the flooding or leakage, ur landlord will not be held responsible for any personal belongings or furniture damage. In such cases, you may file a nuisance or negligence lawsuit against your neighbour, seeking compensation for the damage to your belongings and inconvenience caused.
Legal action, on the other hand, should always be the last resort. It is preferable to try to settle your dispute with your neighbour amicably. You may also be able to file a claim for the damage to your belongings if you have home contents insurance.
Landlord’s Liability for Leaks or Floods Caused by Failure to Make Repairs
Water leaks or floods in your unit may be caused by a neighbouring unit’s or communal area’s failure to make repairs. If you and your neighbour share the same landlord and the flooding or leakage was caused by their inability to make necessary repairs in their unit, your landlord may be held liable for the damage.
This is especially true if your neighbour reported the need for repairs to the landlord but they did nothing.
In such cases, your landlord is obligated to repair the damage to your unit and compensate you for any loss or inconvenience caused to you or your belongings.
Similarly, if the flooding or leakage is caused by a failure to make repairs in a common area, such as leaking service pipes, your landlord is liable for repairing the damage to your unit as well as any harm or inconvenience caused to your belongings. Because communal areas in buildings are considered to be under the landlord’s control, you are not required to notify them of the need for repairs in these areas in the same way that you would for problems in your unit.
As a result, your landlord is immediately liable for any repairs to common areas.
Recurring Water Leaks from an Adjacent Apartment
If you are experiencing frequent water leaks or floods as a result of your neighbour’s actions or inactions, you may need to take direct action to address the situation. For example, if your neighbour’s washing machine malfunctions and leaks water into your living space every time it is used, and f they refuse to repair it, you may have to file a lawsuit against them. The best thing you can do is attempt to find a solution with your neighbour.
If that proves difficult, enlisting the help of a local mediator may be beneficial. If these efforts fail, you might consider filing a lawsuit for negligence or nuisance and obtaining an injunction, though this would require specialised legal assistance.
If you and your neighbour share a landlord, you can ask them to step in and help you resolve the problem. As a last resort, your landlord could file possession proceedings to evict the tenant for causing a nuisance, but they are likely to try other options first. If your landlord is a social housing provider and does not provide assistance, you may file a complaint about their inaction.
