Rich_s:
That case you linked to is distinguishable from the OP’s case in that Transco (the Claimant) argued that the Defendant council (owner of the water pipe) was liable without proof of negligence (strict liability).
"Really? What is wrong. You damage someone elses property its your responsibility. thats the law."
Not in this case as the law is different for leasehold properties. Technically the leaseholder does not own their flat but have a long term lease on it. The freeholder owns the building and it is the responsibility of the freeholder to have a suitable buildings insurance in place.
So it is the freeholders place to claim on behalf of both leaseholders and unless it has been caused by deliberate negligence neither is liable.
I had expected the owner of the property that leaked to be strictly liable, irrespective of negligence. So I've done some Googling (but am not a lawyer). It seems not to be as clear cut. If you're doing construction work (not applicable here) insurance will typically cover non-negligent liability so it's clearly a thing. Rylands v Fletcher introduced strict liability, Transco v Stockport excluded liability where the cause was not dangerous or unnatural and Leakey v National Trust reintroduced liability if the defendant was aware of the problem and could have reasonably fixed it but didn't. On that basis tenacious_doug's leak wasn't dangerous, was only natural water and he wasn't aware of it, so legally not liable. Morally, if it was my flat leaking, I'd feel responsible. There may be things in housing law I don't know about, and I'd expect the lease for flats to address the issue.
I was using Rylands to refer to matthewlhome and the oil leak. Sorry if it muddied the oily waters.
Anyway, the op's answer lies with the communal building cover, not the sanctimonious tribe on here saying "Well, I'd pay if I'd not realised my shower tray was leaking due to some wear and tear underneath it from poor fitment of low quality parts 47 years ago. I'd feel morally obliged to!"
Really? If it was 100k worth of damage? More?
Ah - not used to leasehold as everything here is freehold. If its freehold it is certainly your responsibility.
