Q&As

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 11/07/2018

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?
  • The nature of claims for water damage
  • Privity of contract
  • The commercial tenant’s contract with the landlord
  • Non-contractual claim against the landlord
  • A claim against the residential tenant

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?

This Q&A explores who the tenant of a commercial unit should bring legal proceedings against when they suffer damage from a leak from a residential property upstairs. Specifically, this Q&A addresses the question of whether, in circumstances where the landlord is the same for both the commercial and residential unit, the commercial tenant should bring proceedings against the residential tenant or instead against the landlord requiring them to enforce the residential tenant’s lease.

The nature of claims for water damage

Where a tenant of property suffers water damage to their property, they will usually bring a claim against their landlord (since the damage is usually the result of disrepair for which the landlord is

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