In the Poo

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

    In the Poo

    Just been notified of a nasty foul water leak from a flat that has caused considerable damage to tenant's possessions in the property below which will have to be destroyed. As he has no contents cover who should be expected to cover the cost of his losses ?
    Both properties are tenanted with different landlords and we haven't yet found the source of the leak though I suspect it has been caused by the tenants.

    #2
    Public liability cover of the block? Good luck to him claiming though, if he has no backing from his own insurers.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      The only claim that the tenant with the damage could make would be against the upstairs tenant or landlord if they can show negligence.
      Which is going to be very hard to do.

      This kind of thing is why you have insurance, and, by choosing not to have contents insurance, the tenant has left themselves open to this possibility.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        In my view

        Not wanting to dispute what you are saying I would think this is a big assumption "and we haven't yet found the source of the leak though I suspect it has been caused by the tenants"

        Have you been into the premises upstairs yet as it should be obvious if this is tenant damage. To cause something like this I would imahine they would have an overflowing blocked toilet.......or have physically smashed the WC from the coupling....... if in fact the WC fitting was loose and the seal has broken/slipped over time causing causing a minor leak then in my view this would be the responsibility of the landlord in the flat upstairs as I think the AST contract has a specific element that the landlord is responsible for sanitary appliances. I'm not sure what happens in the event the upstairs tenant has seen the leak and not reported it to the landlord as I believe there is a responsibility to report faults to the landlord.

        If however the fault is in the building fabric then possibility you might want to discuss with the freeholder, I think it will depend on if these flats are pre-built block with shared facilities.

        You might want to investigate into what the considerable damage is,, a small leak over time may cause some damage but this sounds like foul waste was gushing into the flat below which would be quite rare. I would be keen to make sure the flat below was not over egging the damage, as if this is the case it's likely floors ceilings etc will need attention also and woud be a buildings insurance claim

        All the above is my own personal view I have no legal experience please take advice before acting on anything I say.

        All the best Stew.

        Comment


          #5
          Even a very small leak of sewage accumulating in a foorspace could become catestrophic over time.
          Enough drips and the weight of waste overwhelms the ceiling and the lot drops through.

          The issue is always proving that what happened was because someone was negligent and not that a pipe just started to leak and no one noticed and most reasonable people wouldn't have noticed either.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            jpkeates,

            Nail on head I think, the lower property has Not been visited for a couple of months and considerable quantities of organic matter have entered / accumulated.
            The complication is the upper tenants have caused considerable damage and nuisance elsewhere in the building (1980s conversion) and their landlord attempted to access the lower property (via the freeholder) some weeks ago on a very dubious pretext (something about mice coming up through his floor) which makes me wonder if he was aware of the leak.
            If he did know and failed to do anything about it then I certainly feel he is morally responsible for the extent of the damage.
            All in all a horrible situation and my sympathies are with the lower tenant.
            Thanks for the responses - much appreciated

            Comment

            Latest Activity

            Collapse

            • Reply to Property damaged. Advice please
              by Hudson01
              I can see that from a laymans point of view that is correct, but when you talk/deal with individuals who have attempted suicide it's simply not the case, if this was a genuine cause for concern and the Police forced entry they did it in the belief that his life was in danger, from himself probably....
              22-01-2022, 20:56 PM
            • Property damaged. Advice please
              by minorbark
              Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

              TLDR version: Police have forced entry into my...
              18-01-2022, 21:55 PM
            • Reply to Garage left filled with tenant's goods
              by theartfullodger
              When I bought a house in 2000 in the Highlands it came with a garage: Which had a car in it. Belonged to a neighbour, who used it to sleep in when he'd been in the pub too late & his wife locked him out. Took me 6 months to sort...
              22-01-2022, 18:51 PM
            • Garage left filled with tenant's goods
              by robbo2233
              Hi! Hoping the forum can advise me. We have a lock-up garage in a residential estate that had been let to an individual who ceased to pay monthly rental. Notice to quit was served by our letting agents Countrywide in October, and yet the tenant's goods still remain in situ. Agents have advised...
              20-01-2022, 21:31 PM
            • Reply to Property damaged. Advice please
              by Lawcruncher
              The point here is though that the tenant's obligations under the tenancy cannot extend to repairing parts of the property which the landlord is under an obligation to repair.

              Outside the tenancy, anyone, including a tenant, who damages property must meet the cost of repairing the damage....
              22-01-2022, 18:45 PM
            • Reply to Labour taxation plans
              by theartfullodger
              May I quote the Telegraph. on Sunak's kind gift of the highest tax burden for quite some time....

              https://www.telegraph.co.uk/business...tax-burden-70/
              22-01-2022, 18:10 PM
            • Labour taxation plans
              by steaming
              Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
              20-01-2022, 16:55 PM
            • Reply to Labour taxation plans
              by SouthernDave
              The limited company system has been abused for too long by people trying to save on tax by claiming they are a company. I know loads of people of set themselves up as limted companies and have now been caught by IR35. They have spoiled it for those of us who have proper companies to rub who used to...
              22-01-2022, 17:55 PM
            • Reply to Labour taxation plans
              by SouthernDave
              Agreed. Peoples care should not be down to those who work hard, to take from their labours. The levy is a joke and im disappointed in the conservatives for doing it.
              22-01-2022, 17:52 PM
            • Reply to Greetings, I Come in Peace
              by SouthernDave
              I thought the main issue of taking a tenant on UC is not so much the fact they are receiving benefits, but the fact that its a pain in the proverbial to evict as the council tell them to sot tight until forced out by bailiffs....
              22-01-2022, 17:47 PM
            Working...
            X