united-kingdom water
UK - Tenant causing water damage to neighbours on flying freehold
<p>In the UK, a tenant lives in a flying freehold, i.e., the tenant's upstairs bathroom is on top of the neighbour's living room.</p>
<p>The tenant upstairs has admitted to forgetting about running a bath, and has completely flooded the bathroom.</p>
<p>Water has then gone through the floorboards and has leaked into the neighbour's ceiling, causing water damage.</p>
<p>Who is responsible for repairing the ceiling, the landlord of the upstairs flat, or the negligent tenant?</p>
<p>If the tenant is responsible, are there any special circumstances where the landlord is in fact responsible?</p>

<h2>Both</h2>
<p>The upstairs owner is liable because water escaping from their property damaged the downstairs property. The tenant is liable because their negligence caused the escape of the water. Under English and Welsh law, both  are <a href="https://www.law.cornell.edu/wex/joint_and_several_liability" rel="nofollow noreferrer">jointly and severally</a> responsible for the loss.</p>
<p>In practice, the downstairs owner would normally claim the damage from their insurer and the insurer would seek reimbursement from either or both of the other parties. The insurer will most likely choose the landlord because a) they are easy to identify, b) they don’t have to prove negligence (water escaped and did damage QED), and c) they know the landlord has the assets to settle the claim (because they know they are a property owner).</p>
<p>Normally, the landlord would claim on their insurance and the two insurance companies would sort it out. If the landlord has the correct cover, it will protect the tenant as well.</p>
