Water leak from upstairs flat, who's responsible?

[Byff]

I've a ground floor rental apartment in a three floor block. We have a water leak coming from the bathroom soil stack which has created damage to the wall and ceiling. The apartment above us has also got water damage coming from the soil stack and the apartment above that is currently not rented.

We can only guess that the water is coming from the upstairs apartment and both myself and the middle apartment owner has tried to get in touch with the top floors landlord with no success so far.

Once the leak has been rectified, my question is who is responsible for my water damage?

1. Me, it's my apartment, my responsibility.
2. The apartment above me, regardless of where the leak is, the waters coming from his apartment.
3. The apartment above him, we guess it's a leak from his bathroom and is flowing down the soil stack.
4. The blocks management company under the buildings insurance for inadequate barrier control in the soil stack.

I can't figure out if it's 2,3 or 4. I am getting legal advice but in the mean time, I'd appreciate some feedback from PH'ers.

[E36GUY]

It's the responsibility of whoever's pipes are causing the leak/damange

[TallPaul]

I'd say a combination of 3 and 4. If the offending flat is empty and you cant contact the owner, the freeholder can (after trying to make contact) force entry and repair the problem, then charge the leaseholder.

[Thunderace]

Happened to my mum's rental property. Complication was that upstairs had been repossessed and was owned by the bank. Took nearly 9 months to resolve by which time the claim included a significant amount for loss of rental income.

[55allgold]

Had similar in my N London flat. The flat above had Japanese tenants who didn't know what to do, so I claimed from my freeholder's buildings insurance.

[croyde]

I'm pretty responsible!