Dian asks:

I saw a similar query on this website regarding insurance for liability involving a leaky pipe, but I think my situation may be different.

We own a leasehold flat in a modern block where each flat's internal pipework (to radiators and taps, etc) are embedded in the concrete floors. Our lease specifies that the internal pipework serving each flat is that particular flat's property and responsibility.

I've been told that over the years, pipes in a few of the flats in the building have developed slow "pinhole" leaks which resulted in minor damage to the ceiling plaster and paint in the flat below the source of the leak.

I don't know who has paid out to make good the damage in the past, but considering how the lease specifies these pipes as my responsibility, wouldn't I (or my own insurer) be responsible for the cost of repairing any ceiling damage to the flat below (and not the freeholder's building insurance)?

Every time I have looked into getting homeowners' insurance and described the above scenario, the salesperson just says "oh the freeholder's buildings insurance would cover that".

Am I missing something here?

The first question to answer here is whether or not you’re required to contribute to the buildings insurance. If you are – which is the case with most flat owners – it’s the buildings insurance that would cover your claim, whether or not the lease specifies that the lessees are responsible for internal pipework.

However, there are circumstances when your own contents policy would pay out. If you have liability cover and, for example, you put wooden flooring down and bashed a nail through some pipework which resulted in water pouring into the flat below, you would be responsible and your liability cover on your contents insurance would pay out.

Back to Questions »