Water coming through from the flat above your shop: who to call and what to record

You have just unlocked, and there is a brown stain spreading across the stock room ceiling with a steady drip landing on a box of stock. Upstairs is a flat with a different owner, perhaps a tenant, perhaps nobody at home. A mixed-use building can put four or five people in the chain between you and the leak. The first job is to limit the damage while you work out which of them to call.

The first half hour

Protect people and stock. Move stock away from the drip, put down containers, and keep staff clear of the wet area.
Stay away from wet electrics. If water is near light fittings, sockets or the distribution board, do not touch them. Switch off the affected circuits only if you can reach the board safely and it is dry; otherwise call an electrician. HSE’s electrical safety guidance is the reference point for employers.
Knock on the flat door and ring anyone who holds a key. The water could be coming from a washing machine hose, a bath, a toilet or a burst pipe inside the flat, and the flat’s own stop tap is often inside the flat, out of your reach.
Photograph and film the ceiling, the drip and the damage before anything is moved or cleaned, with the time showing.
Start a log. Times, who you called, what they said, and any reference numbers.

Work out who owns what upstairs

GOV.UK notes that most flats are leasehold: the flat owner has a legal agreement, the lease, with a landlord sometimes known as the freeholder. That lease, together with yours if you rent the shop, decides who repairs which part of the building. The table sets out the common arrangements. The actual lease or title deeds always have the final say.

The set-up	Who you contact	Who usually deals with it
You own the whole building and let the flat	Your tenant upstairs	You, as their landlord
You rent the shop, and your landlord owns the whole building	Your landlord	Usually your landlord, depending on both leases
The flat is on a long lease, and someone else owns the freehold	The flat owner, then the freeholder or managing agent	The flat owner for their own pipes and appliances, the freeholder for shared parts
The flat’s owner lets it to a tenant	The tenant, then their letting agent or landlord	The flat’s landlord, depending on the tenancy
A Scottish tenement with the shop at street level	The flat owner, and the property factor if there is one	Depends on the title deeds and the Tenements (Scotland) Act 2004

Contact them in this order

The occupier of the flat. They can turn off a tap, stop using the washing machine or close their stop tap within minutes.
Their letting agent or landlord, if the flat is rented.
The freeholder or managing agent. They deal with shared pipes and the roof, and they may hold a key or be able to arrange access.
Your own landlord, if you rent the shop. GOV.UK’s advice to business tenants is that “Your lease should say who is responsible for repairs and maintenance of the property.”
Your insurer or broker, as early as you can.

After each phone call, send a short email confirming what was said. A written trail matters more than you would think once insurers get involved.

If you are in Scotland

Many shops in Scotland sit under tenement flats. There, responsibility for common repairs is set by the title deeds and by the Tenements (Scotland) Act 2004, which contains a Tenement Management Scheme. Under One Roof, a free information service for tenement flat owners, explains how common repairs are organised and what owners’ rights and responsibilities are. It is worth reading before you speak to the other owners or the factor.

The evidence your insurer will want

wide and close photos and video of the ceiling, walls and damaged stock
a photo of the stain every morning, so the spread is recorded
a list of damaged stock with quantities and cost prices
a note of any areas closed and trading hours lost
every call, email and message, with times

Keep damaged items until your insurer says they can go. In one Financial Ombudsman case, the insurer questioned a claim because the damaged flooring had been thrown away before its surveyor could inspect it. The photos and video the policyholder had kept were what carried the complaint. The ABI describes business insurance as cover against risks such as stock or premises damage, so check which policy covers the building and which covers your stock.

When the flat turns out to be dry

Sometimes the neighbour lets you in and there is nothing wrong upstairs. The water can also come from the roof, a gutter or rainwater pipe, a shared supply or heating pipe running through the ceiling void, or a leak in another flat further up. The pattern gives clues:

a stain that grows after rain points to the roof or rainwater goods
a stain that grows when the flat runs a bath or washing machine points to their waste or supply pipes
a stain that grows steadily whatever anyone does points to a pipe under pressure

See roof leak detection, heating leak detection and damp and structural leak detection.

Finding the source without two ruined ceilings

Cutting open your ceiling to look for a leak in the floor above means repairing two ceilings, and the hole is often in the wrong place. Our engineers use non-invasive methods to find the leak first, which usually needs access to the flat as well as your shop, so agree that access through the flat owner or managing agent before the visit. You can read how a visit runs on how it works. Every survey comes with an insurance-ready report, and our insurance claims page explains what it covers.

Our engineers cover England, Scotland and Wales. To book a survey, call 0333 567 2615. We aim to find and repair on the same day wherever the job allows.

Frequently asked

The flat owner will not answer or will not let anyone in. What now?

Contact the freeholder or managing agent, who can check the flat's lease for an access or repair clause, and tell your own landlord and insurer. Keep a record of every attempt to get access. If the leak is serious and nobody will cooperate, a solicitor can advise on the next step.

Whose insurance pays for our damaged stock?

Report it to your own insurer or broker first. Damage to the building itself may fall under a buildings policy held by the freeholder or your landlord. Your insurer will tell you whether it will pursue whoever turns out to be responsible.

We are in Scotland. Does anything change?

The people you need to contact are much the same, but common repairs in a tenement are governed by the title deeds and the Tenements (Scotland) Act 2004. Under One Roof publishes free guidance for tenement owners on organising common repairs.