To retaliate against my neighbours

That's all very well for leaseholders, but is there an equivalent for shared freeholders? In my experience, it is a nightmare.

I'd talk to my insurers and see what they say, and talk to the neighbours/joint freeholders about the leaks and the potential damage to the structure, which is everyone's problem.
I'd have this second discussion with all the neighbours including the ones causing the leaks, on a joint freeholders' message group or however you communicate, so you can't be accused of going behind their backs or ganging up on them. Make clear that structural damage will have financial ramifications for them as well as the rest of the freeholders.

I think you can take them to small claims court going forward for each leak resulting in damage to your property.

As they already know it is a continual problem and they haven't fixed it sufficiently, you can make a successful claim.

Keep any emails, letters or texts confirming you have previously informed them of the problems.

If you go through your insurers, they will put up the premiums.

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Standard leasehold property conditions outline the responsibilities and restrictions placed on both the leaseholder and the landlord in a leasehold agreement. These conditions typically cover maintenance, service charges, alterations, subletting, and noise levels, and are documented in the lease agreement.

Key Leaseholder Responsibilities:
Maintenance:
Leaseholders are usually responsible for maintaining the interior of their property in a good state of repair, including ensuring any necessary repairs are carried out promptly.

Financial Obligations:
Leaseholders must pay service charges and ground rent (if applicable) on time and in full, as outlined in the lease.

Behavior:
Leaseholders must behave in a way that does not cause a nuisance to neighbors and maintain a peaceful environment.

Alterations:
Leaseholders generally need to obtain landlord consent before making structural alterations or any significant changes to the property.

Subletting:
Subletting may require landlord consent, and some leases may prohibit subletting entirely or only allow subletting of a whole flat, not just a portion of it.

Landlord Responsibilities:
Maintenance and Management:
Landlords are typically responsible for maintaining the structure and common areas of the building, including exterior repairs, insurance, and accounting.
Service Charge Collection:
Landlords are responsible for collecting service charges from all leaseholders to cover maintenance and management costs.
Compliance:
Landlords must ensure they comply with all relevant legislation and regulations regarding leasehold property.

Other Important Considerations:
Lease Length:
Leasehold properties have a fixed lease term, with ownership reverting to the landlord at the end of the lease.

Lease Renewal:
Leaseholders may have the right to extend their lease, but the cost and conditions of renewal can vary depending on the lease and remaining term.

Service Charges:
Leaseholders have the right to be consulted about service charge budgets and to challenge charges they believe are unreasonable.

Ground Rent:
New residential leases are restricted from charging ground rent, with a maximum permitted charge being a peppercorn rent.

So..........

As leaaseholders the people in the flat above MUST keep their property in a good state of repair which isnt happening , so

You and the other two freeholders have the power to ENFORCED the repairing liabilities.

This could end up with the offending leaseholder losing their flat

As outlined here

https://england.shelter.org.uk/professional_resources/legal/home_ownership/leasehold_and_commonhold/repossession_of_leasehold_property

The last paragraph in particular may be of interest

Preventing forfeiture
In many cases, if a mortgage company has given a loan secured on a leasehold property which is subject to or at risk of forfeiture proceedings, the mortgage company may appoint receivers to pay monies owed on the lease in order to prevent forfeiture and protect its security.[23] The amount paid will be added onto the mortgage.

OP you are being ridiculous. Just deal with this as per the note above, I don’t really understand why you would not.

There's a great deal of good advice on this thread OP. Most pertinent, you must contact your insurer. They can help you address this with your neighbour - this isn't a "nothing to be done" situation.

If your neighbour was repeatedly driving his car into yours causing damage, you'd contact your insurance company (and the police obviously but the comparison stands as that's who'd sort the damage out).

Claim on your house insurance

Write to them saying you believe you have been very reasonable about the fact that no long term solution has been found by them for the leaks their property is causing in yours. Explain that because of the financial implications of you having to repeatedly paint (and whatever else you’ve had to do) you’re going to have to seek legal advice if no solution is found promptly (give a timescale). This gives them the best opportunity to address things before your hand is forced to take more serious action. I’d also find some information about possible implications for the structure of the building and share this with all the other residents, in the hope that this puts more pressure on your neighbours to act.

Edited to add I’d also tell your neighbours your building insurance is likely to be invalid if something happens structurally as a result of your neighbours not maintaining their bathroom.

You need to claim for the damage done to your ceiling - speak to the insurer. That would then bring a workman in who would investigate the problem.

Seek legal advice via your insurers or other ways.

Basically

1. You need proper advice
2. The lease will impose various conditions on the leaseholders
3. It will also lay out what happens in the event of a default

This looks like the obvious starting point

https://www.lease-advice.org/

It's shared freehold though, so no leaseholders necessarily, or joint insurance. Or at least, no specific requirement for adequate insurance.

No, but it will cover repairs for damage done by a property that is not your own, regardless of why it's damaged. Your insurance fixes your issue. Your insurer tries to claim the cost off the guilty party.

Can you get legal advice? You might have free legal expenses cover on your own home insurance.
I would also inform your insurer. Actually I think you might be in trouble if you don’t inform them so it is essential.
Then hopefully your insurer and/or legal expenses cover will help you sort this out.
Plus there is always the small claims court for the costs you have incurred to date redecorating.

How many of you in the block? Presumably you have a management committee? Do you manage everything yourselves or use a management company?

I live in a small block and it’s an absolute ball-ache as there’s always someone who doesn’t maintain their property and doesn’t want to pay for work to be done properly.

The freeholders need to discuss this collectively and instruct the offending flat to resolve this asap. You must have joint buildings insurance but insurance won’t pay out anyway if damage is caused by a failure to do maintenance. Stress to the other freeholders that the continual damp from this issue will potentially be causing damp throughout the building which will be a much bigger problem if it’s not dealt with.

Not strictly true, when we moved into our house we had a big leak in the bathroom which was due to the previous owners bodged DIY. Our insurance paid out in full.

Why is there a leak? Are you saying it's a shower that's not properly watertight or a wet room, or just splashing water on the floor? If it's a real leak it will be an overflowing drain or a leaking pipe or something, no amount or re-tiling or insulation would stop it. Have they had a plumber look at it, if not tell them they need to get a plumber to find the cause of the leak and fix it properly or you will start charging them for repairs to your ceiling, take pictures as evidence and give them a bill.

Are you and the flat upstairs the only freeholders or are there others?

Repeated water leaks may eventually damage the structure (rotting joists etc) so I would think this was a matter for the freeholders collectively and/or building insurance. No-one will ne happy if a floor gives way (not suggesting this is about to happen, but it's a lot easier and cheaper to fix in now rather than later when rot has literally set in.)

The whole building will have joint insurance which each leaseholder will contribute to.

Not sure why the OP hadn’t claimed previously. I’ve had a leak from the flat above twice (two different locations). They paid, not me.