Guides › Insurance Claims and Complaints › Leak Claim Refused: The Gradual Damage Exclusion
Leak Claim Refused: The Gradual Damage Exclusion
Many home insurance policies exclude damage that happened gradually, such as some hidden leaks, wear and tear or rot. The Financial Ombudsman may still find for you if you could not reasonably have known about the damage and you acted promptly once you did. The insurer must show the exclusion applies.
At a Glance
Your Rights
What the rules say, with a link to the official source for each.
Gradual Damage Claims
How the Ombudsman Decides
Complaints include concealed leaks, wear and tear, rot, and storm claims blamed on weathering. The Ombudsman may find for you if you couldn't reasonably have been aware of the damage happening gradually and you acted as soon as you could reasonably have known. The insurer must explain why it relied on the term; if it has not shown the damage was gradual, it is likely to be told to accept the claim. You first need to show the damage was likely caused by an insured event. source
Complaining
Complain to the Insurer First
You should first complain formally to the insurer. A business has 8 weeks to consider most complaints. If you have no final response within 8 weeks, or you are unhappy with it, you can refer the complaint to the Financial Ombudsman Service. source
6 Months to Go to the Ombudsman
You have 6 months from the date on the final response to refer your complaint to the Ombudsman. After that it usually cannot help, unless exceptional circumstances (such as serious ill health or bereavement) stopped you, the insurer did not send a valid final response, or the insurer agrees. source
Time Limits to Know
Miss a deadline and you can lose a right. Check the dates on your own paperwork.
- 8 weeksInsurer's time to give a final response to a complaint8 weeks for most complaints
- 6 monthsRefer a complaint to the Financial Ombudsman ServiceWithin 6 months of the date on the insurer's final response
Steps to Take
Step 1 of 5
Stop the leak and make the area safe.
Step 2 of 5
Contact the insurer before paying for your own reports.
Step 3 of 5
Gather photos and any plumber's report.
Step 4 of 5
Complain in writing. We do not take insurance or banking complaints as cases, but our free letter templates can help you write to the firm.
Step 5 of 5
After 8 weeks, or a final response, go to the Financial Ombudsman Service.
(Tap the numbers to reveal steps)
Where to Go If It Is Not Put Right
Your options, in order, and when each one applies.
The Insurer's Complaints Team
Always start here, in writing.
Financial Ombudsman Service
After 8 weeks with no final response, or if you are unhappy with it. Refer within 6 months of the final response.
Good to Know
Small things that make your complaint stronger.
Note the date you first noticed signs of the leak.
Want Help?
If you would like one of our team to look at your problem, our initial case review is free. We cannot guarantee any outcome and we do not give legal advice.
Lead reviewer
Luke Marley
Founder and Lead Reviewer
Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.
Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.
Last checked: 13 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.
Sources and official links
- financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/home-insurance/gradual-damage Checked 13 October 2026
- financial-ombudsman.org.uk/consumers/complaints-can-help/expect/time-limits Checked 12 October 2026