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There's been a leak from the flat above for months, what can I do?

Specific repair problems

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Direct answer

A leak from the flat above can damage your ceiling, walls and belongings. Your landlord must act. Here is how to push it forward.

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Direct answer

A leak coming from the flat above is one of the most common and most frustrating problems we hear about. Your landlord has a duty to fix the cause and put your home back in repair, even if the source is in another flat. If it has been going on for months, you may have a strong disrepair claim. Call us free on 0800 030 4669.

Key facts

  • The 2024 to 2025 English Housing Survey found about 5% of homes in England, around 1.4 million, had a problem with damp, most common in privately rented homes (10%). English Housing Survey 2024-25, GOV.UK
  • The same survey found about 9% of homes in England, around 2.3 million, had a category 1 (most serious) hazard under the HHSRS. In the private rented sector the figure was 10%. English Housing Survey 2024-25, GOV.UK

Why these leaks drag on

  • The cause is in someone else's flat, so it takes longer to identify.
  • Contractors are sent without enough access or the right trade.
  • Temporary "make safe" fixes are done, and water comes back.
  • The landlord blames the upstairs neighbour or the freeholder.

None of that takes away your right to a home in repair.

Your landlord's duty

Under Section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure, water pipes and drains in repair. If you are a council or housing-association tenant, Awaab's Law also gives strict deadlines for emergency hazards, made safe within 24 hours.

What to do

  1. Report it in writing every time water comes through. Keep copies.
  2. Take dated photos and a short video each time.
  3. Note the damage: ceiling stains, ruined carpet, damaged belongings.
  4. Ask in writing for an inspection AND a permanent fix, not just a "make safe."
  5. If delays continue, use the landlord's formal complaints process. See how to write a complaint letter.

How we can help

A leak that has dragged on for months is usually a strong claim. We arrange a free inspection and pass strong cases to a housing-disrepair solicitor. Call us free on 0800 030 4669.

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Sources

Last updated28 May 2026
Reading time2 min read
Listening time3 min listen

We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.

By: Support for Tenants

Published:

~2 min read

Reviewed against current housing law for England and Wales as at 28 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.

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