I own the freehold of a property and the header tank is located in the flat above me. It is apparently leaking and damaging the flat above. Who is responsible for repairing this leak, if the overflow from his central heating is the cause of the leak?
You may end up with the situation of balancing paying a lawyer to tell the yet to be decided party to fix it @ their cost (Could be you, I don't know) Or just paying to have it fixed.
Perhaps you have not explained the situation very well?
It seems quite clearcut, its the leaseholder's heating system and it would usually be his responsibility to deal with any damage it causes when he has not maintained it properly.
However, there could be an argument that the damage should be covered by the building insurance.
To take that further though, buildings insurance usually only covers buildings!
The damage to his posessions would normally be covered by his contents insurance if he has any.
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