Is your situation covered?
| Scenario | Typical verdict | Why |
|---|---|---|
| Damage to your contents (carpets, furniture, electronics) | Usually covered | Claim on your own contents policy under escape of water. |
| Damage to ceilings, walls, fitted kitchen in your flat | Usually covered | Claim on the freeholder's buildings policy via the managing agent. |
| Recovering your excess from the upstairs neighbour | Depends on wording | Only if negligence is proven (e.g. unattended bath, faulty DIY). Burst pipe alone is not negligence. |
| Alternative accommodation while drying out | Usually covered | Both buildings and contents policies usually include AA cover up to 20–25% of the sum insured. |
| The upstairs flat was unoccupied for months | Depends on wording | May trigger the unoccupied clause on their policy and complicate recovery. |
General industry patterns. Your actual cover lives in your policy wording — PolicyPal reads it for you.
The short answer
You don't claim on the upstairs neighbour's insurance. UK leasehold flats work in two layers: damage to your belongings goes on your contents policy; damage to the structure of your flat (ceilings, walls, fitted kitchen, fitted bathroom) goes on the freeholder's buildings policy via the managing agent. The upstairs leaseholder is only personally liable if you can prove negligence.
Step-by-step in the first 48 hours
Speed determines settlement size. Photograph everything before you move it, mitigate further damage, and notify both insurers in writing.
- Photograph water stains, soaked items and the source point upstairs (if accessible).
- Turn off the water at the upstairs stopcock if you can access it safely.
- Notify your contents insurer and the managing agent on the same day.
- Request the buildings policy schedule from the managing agent — you're entitled to it.
- Keep receipts for emergency repairs, dehumidifiers and replacement essentials.
Recovering your excess from the upstairs neighbour
Under English law (Transco v Stockport [2004]) a burst pipe alone is not negligence — water escape from domestic plumbing is treated as a non-natural use but not automatically wrongful. To recover your excess you need evidence the neighbour did something wrong: left a bath running, attempted DIY plumbing, ignored a known leak. Without that, your excess is your loss.
When the buildings insurer will subrogate
If the freeholder's insurer pays out and proves the upstairs neighbour was negligent, they can pursue the neighbour personally for the full claim — including your excess. Always raise the negligence point with the managing agent in writing.
What PolicyPal checks
PolicyPal cross-reads your contents policy and the freeholder's buildings schedule together. You get: the correct excess for escape of water (often a separate £350–£500), whether trace-and-access is included, the alternative accommodation limit, and a draft of the recovery letter for your excess.
Frequently asked
- Whose insurance pays for a leak from the flat above?
- Your contents policy pays for your belongings; the freeholder's buildings policy pays for the structure of your flat. The upstairs neighbour's policy only pays if they were negligent and you sue them personally.
- Can I claim my excess back from the neighbour upstairs?
- Only if you can prove negligence — e.g. they left the bath running, did unqualified DIY plumbing, or ignored a known leak. A spontaneous burst pipe is not negligence under UK case law.
- Do I need to claim on my contents policy at all?
- If damage is purely to the structure, the freeholder's buildings policy handles it. Claim on contents only when your belongings are damaged or you need alternative accommodation faster than the buildings insurer will arrange it.
- How long does an escape of water claim take?
- Typical UK timeline: 2–4 weeks to dry the property (with monitoring), 4–8 weeks for strip-out and reinstatement. Total 6–12 weeks for an average single-room leak; longer for multi-room damage.
- Will both insurers double-pay?
- No — insurers operate under the indemnity principle and contribution clause. Each pays its share; you can't profit from the same loss twice.
- What if the upstairs flat is rented out?
- The tenant's contents insurance is irrelevant to you. The freeholder's buildings policy still covers structural damage; pursue the upstairs landlord (not the tenant) if negligence — e.g. failure to maintain plumbing — is in play.
- Is mould growth after the leak covered?
- Usually yes if it follows directly from the insured escape of water and is reported quickly. Mould that develops months later is often excluded as a gradual cause.
Your policy is the only source of truth
Stop guessing. Check your actual policy.
Generic answers don't pay claims. PolicyPal reads your policy wording in seconds and tells you, in one sentence, whether you're covered.