Leak into downstairs flat - advice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Leak into downstairs flat - advice

    Hi,

    I'm new the forum and the UK and wonder if you can advise…
    I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom for a few minutes while I washed the basin out after I had shaved. The basin overflowed and caused some damage to the apartment below – mainly ceiling damage. To add to this, the tap isn't particularly powerful and the plug wasn't in the basin.
    A plumber was called and there are no leaks to the bath or toilet (to verify that this was the issue). I’m happy to pay for the plumber in good faith. However the plumber stated the following:
    1. The discharge pipe isn’t large enough which causes water to remain in the basin and slows drainage
    2. There should be a burble valve? To prevent air lock and the allow the sink to drain quicker
    3. There is no overflow to the basin
    The neighbour below says this has been going on for some time (Extending to before i moved in)? Which is odd if this one off incident has been a recurring issue. Plus he hasn’t mentioned this to me or to my knowledge the LL or previous tenants before…

    Could anyone advise who is liable for damages? Im happy to pay for whats fair but in my experience, taps should be allowed to run without overflowing when no plug is present in the sink.

    #2
    Whatever the state of the overflow you are responsible for the flood. Taps are not intended to be left running unattended, and overflows are not intended to have to cope with running taps.

    The fact that others might have done the same is irrelevant.

    But you only need to pay for the damage you caused, not prior damage. Even if it might be theoretically possible to claim on insurance, that does not absolve you and there are all sorts of other issued like increased premiums and excesses.

    Comment


      #3
      I'd say it must have been more than 'a few minutes' if there was enough water to damage the ceiling downstairs.

      Even if there was a basin overflow they are hardly ever of a sufficent size to discharge a fully running tap, they are:
      1. An air vent to allow faster draining of a basin after you pull the plug out.
      2. A 'second chance' to slow down filling while you notice that you have made a mistake and left the tap on.
      3. To cope with a dripping tap / plug still in scenario.
      https://www.thespruce.com/the-purpos...erflow-2718785

      A 'bubble' valve may help, but probably not, they are meant to stop gurgling noises, and to prevent the syphoning of water out of the trap/s-bend so that smellls come from the outlet.
      If you have those problems then one could be considered.
      One of these would not have prevented the overflow.

      If the basin fills up and overflows when the taps are run and the plug is out then possibly the piping is too small, but if it's the same size as the basin outlet then bigger piping will not help.
      Its probably more to do with the routing and 'fall' of the pipes.

      In the end you admit that it was your error in leaving the tap running unattended that caused the overflow and so caused the damage.
      If you had not left the tap running unattended it would not have happened. Bet you don't do it again.
      Your fault, your responsibility to pay for any damage caused to your neighbours ceiling.

      Be careful of that plumber, he seems to be suggesting things that may be 'better' but would not have prevented your accident.
      There again he may just have been making suggestions, not pushing you to take them.
      Of course if he can persuade you to change the pipes and fit a bubble valve then he makes more money.

      Comment


        #4
        T responsibility.

        Comment


          #5
          It turns out that there was a leak coming from the roof that caused the problem. It just so happened to be on the same day. However the sink will still be fixed which is good news.

          Comment

          Latest Activity

          Collapse

          • Tenancy break up
            Captain Birdseye
            Hi hope someone can help with this situation.

            Tenants have been with me for over a year and signed joint tenancy. Now on a periodic tenancy the lead tenant has given me 1 months notice to vacate the property due to relationship break down. The other person wishes to stay in the property...
            26-05-2018, 10:49 AM
          • Reply to Tenancy break up
            Captain Birdseye
            Yes but there is nothing to stop me issuing the other tenant a new tenancy? It may not be an ideal situation but i am starting to think of my options - best case scenario is rent from day 1. worst case scenario they refuse to leave and it takes me months to evict, then refurbish property, then re let....
            27-05-2018, 17:12 PM
          • Reply to Tenancy break up
            DPT57
            Just tell them they will all have to leave once she serves notice and explain the consequences if trespass if they dont leave. Once she has served the notice it cant be revoked so its out of your hands anyway
            27-05-2018, 15:03 PM
          • Attic conversion liability issues
            Col13
            Hi, I am new to the letting business, and have just come into possession of a terraced house that I intend to let rather than sell. The attic in the house I am about to let out was converted 35 years ago, without building control or planning. Its fine, but doesnt satisfy modern regs in terms of fire...
            26-05-2018, 10:18 AM
          • Reply to Attic conversion liability issues
            DPT57
            Tenants will be tempted to sublet the attic or AirBnB it. If you have concerns about the attic space then I would say this property is not really suitable for letting
            27-05-2018, 14:59 PM
          • Dispute with landlord over deposit
            MarieMB
            I have recently moved out of a property and requested my deposit back (£2000) from my landlord which has been protected in My Deposits scheme. I paid rent every month on time and gave him the correct amount of notice prior to moving out. I left the flat clean and received an email response from him...
            13-05-2018, 20:47 PM
          • Reply to Dispute with landlord over deposit
            MarieMB
            Hi all,

            Thank you for all of your responses. They are very helpful.

            Mariner, to answer your questions, it was a joint tenancy, I am listed as the lead tenant and it is my name on the deposit scheme. He took out the insurance option, which means he has spent the money. What...
            27-05-2018, 13:10 PM
          • Gdpr
            serendipity129
            Reading so much conflicting information.....I have 1 property, 1 tenant and I hols and electronic contract and have their email address, should I register and send a privacy notice?
            24-05-2018, 09:43 AM
          • Reply to Gdpr
            JK0
            Thing is, if that were the case, now the law is in place, it is too late to email anyone to ask for consent for future emails. ...
            27-05-2018, 10:58 AM
          • Reply to Gdpr
            Stef Cooke
            Rarely! And the number of large corporations who got it all wrong, some of whom are now trying to say they are sorry, can they take it all back?

            I am holding off with the "I told you so's" for the more stridently convinced colleagues who were so rudely certain they had to ask...
            27-05-2018, 10:14 AM
          Working...
          X