Water damage: who should contact the insurance, landlord or tenant?

Water damage in a rental: first steps

Water damage is the most common claim in Belgian housing. Each year, approximately 1 household in 10 is affected. When it occurs in a rented property, the question of liability and which insurer to contact arises immediately.

The first steps are the same, regardless of who is responsible:

1. Stop the source of the damage (turn off the water, close the stopcock)
2. Limit the damage (mop up, move valuables, protect furniture)
3. Document: take photos and videos of the damage
4. Inform the other party (tenant to landlord or vice versa)
5. Declare the claim to the insurer within 8 working days

Speed of reaction is essential to limit the damage and not jeopardise insurance coverage.

Who is liable? Landlord/tenant distribution

Landlord’s liability

The landlord is liable for damage caused by:

• Building age (leaking roof, worn main pipe)
• Construction defect or structural fault
• Failure to maintain common areas (co-ownership)
• Works carried out by the landlord or their contractors

Tenant’s liability

The tenant is liable for damage caused by:

• Equipment in their care (washing machine, dishwasher, taps)
• Negligence (tap left running, failure to supervise)
• Failure of routine maintenance (seals, traps, hoses)
• Works carried out by the tenant without authorisation

The grey area

Some cases are ambiguous. For example, a leak on a bath seal: is the seal worn by age (landlord) or poorly maintained (tenant)? The insurer’s expert will decide.

Which insurance intervenes?

Landlord’s insurance (building fire insurance)

The landlord’s insurance covers damage to the building (walls, floors, ceilings, pipes) and damage caused to third parties due to a building defect. It generally includes:

• Water damage
• Fire, storm, hail
• Glass breakage
• Building civil liability

Tenant’s insurance (contents fire insurance)

The tenant’s insurance covers their personal belongings (furniture, clothing, appliances) and their tenant civil liability (damage they cause to the building). It includes:

• Damage to the tenant’s belongings
• Tenant civil liability
• Neighbour recourse

When both insurers intervene

In many water damage cases, both insurers are called upon:

• The landlord’s insurance for building damage
• The tenant’s insurance for personal belongings or their liability

The approach is simple: each declares to their own insurer. The insurers coordinate between themselves via the Assuralia convention.

To properly protect your rental property, see our guide on the lease agreement obligations regarding insurance.

The declaration procedure

The amicable water damage report

The “amicable water damage report” form is the equivalent of the accident report for property claims. It is recommended (but not mandatory) to complete it jointly:

• Description of the event (date, time, circumstances)
• Identification of the parties (landlord, tenant, possibly neighbour)
• Location and nature of the damage
• Presumed cause
• Signatures of the parties

Documents to provide to the insurer

Expert assessment

For significant claims (generally above 5,000 EUR), the insurer appoints an expert. The expert visits the premises, assesses the damage and determines the causes. Both parties (and their respective insurers) can be represented.

Repairs: who pays what?

The general rule

• The landlord repairs the building (structure, pipes, walls, floors)
• The tenant repairs or replaces their personal belongings
• The liable party’s insurer compensates the victims

Emergency repairs

Emergency repairs (leak sealing, drying, pumping) can be carried out immediately without waiting for the insurer’s agreement. Keep invoices and photos.

Recovery between insurers

If the claim is attributable to a third party (neighbour, contractor), the insurer who compensated will exercise a recovery claim against the liable party’s insurer. The tenant or landlord does not need to manage this.

To properly document the condition of your property and facilitate future claims, consider the digital property inventory which archives photos and descriptions.

Summary: the right reflexes for water damage

Water damage in a rented property is stressful but manageable if everyone knows their role:

• The tenant: stops the leak, documents the damage, informs the landlord, declares to their insurance
• The landlord: organises building repairs, declares to their insurance, coordinates with the tenant
• Both: complete the amicable report, provide documents to their insurer, preserve evidence

Prevention remains the best strategy: regular pipe maintenance, seal checks, hose replacement every 5 years, and insurance coverage verification at each lease anniversary.

To efficiently manage all rental documentation, a rental management tool centralises documents, correspondence and claim declarations in one place.