Tennat has flooded house due to cold weather and not using the heating.

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  • Tennat has flooded house due to cold weather and not using the heating.

    Hi all,

    Title says it all really.

    Ive managed to fix the leak but the downstairs is soaking. Carpet and laminate flooring are ruined.

    Unfortunatly i have just found out that the carpet which is the majority of the downstairs is not covered under my building insurance as it comes under contants?

    Where do i stand here? What should i be doing with ragards to replacing? Should this come under tenants contents insurance?

    If not can i take this out of tenants deposit if/when they leave?

    Many thanks

  • #2
    Are you L? Do you reside there too? What sort of Letting Agreement does T have?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      I am L,
      No i dont reside there,
      6months letting agreement which then rolls. But T is only 2 months in to start of contract. This was set up by my local estate agents for a finders fee but is managed by myself.

      Comment


      • #4
        Did the leak occur because:
        a. you failed to comply with your inescapable duties under s.11 of LTA 1985; or
        b. T broke an obligation in the Letting Agreement?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Eerm .. not sure. Sorry new to this.

          Basically what has happend is the T has started renting the property beginning of Nov but due to problems has not actually fully moved in yet so the heating was left off for most of the bad freeze. Then when things have thored out a pipe has sprung a leak under the sink downstairs.

          Does that help?

          Comment


          • #6
            Please don't leave me Jeffery

            Do you need anymore info from me?

            Many thanks

            Comment


            • #7
              T has not moved-in; but is there an explicit clause in the Letting Agreement re T's duty to heat?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Originally posted by MisterMoleyMole View Post
                Please don't leave me Jeffery
                Who's that, then?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Ahh not sure is this a normality or is it something i would have had to specify myself when the estate agents were creating the contract?

                  I'm at work at the moment, so havent got access to the agreement.

                  Cheers

                  Comment

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