Question re:damage to property

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  • Question re:damage to property

    Hi all,

    I am very new to the forum but am very impressed with the depth of knowledge shown on here. Well done to all those that contribute.

    I have a situation i would like some advice on.

    My girlfriend and i rent a room in a flat (3br flat, there is us 2 and 2 other people = 4 in total). We share a kitchen and two bathrooms. We pay monthly to one of the guys who lives in the flat - he is not the owner. We keep the place quite clean and we have only been there for a month.

    We signed a contract at the start (a month ago) setting out our responsibilities e.g. rent, bond, cleaning, etc etc. and we have no minimum contract. We pay the guy monthly for all bills and rent and that is the end of that. Furthermore, he is in contact with the landlord - we have never met the guy.

    We had a situation a few nights ago where water from our shower leaked into the apartment below, causing damage not only to the roofing but cupboards as well. At this stage we are unsure as to the extent of the damage. The fire brigade found the leak by removing the board surrounding the shower - there was no way we could have seen any leak.

    I would like to know where i stand in terms of liability for any damage - from what i can gather, the landlord is responsible for these sorts of things but i would like to know where this is stated and any legal rights i have.

    Thanks for all your help

  • #2
    Originally posted by Shonny View Post
    My girlfriend and i rent a room in a flat (3br flat, there is us 2 and 2 other people = 4 in total). We share a kitchen and two bathrooms. We pay monthly to one of the guys who lives in the flat - he is not the owner. We keep the place quite clean and we have only been there for a month.

    We signed a contract at the start (a month ago) setting out our responsibilities e.g. rent, bond, cleaning, etc etc. and we have no minimum contract. We pay the guy monthly for all bills and rent and that is the end of that. Furthermore, he is in contact with the landlord - we have never met the guy.
    Who is your actual landlord on the contract? "The guy" who lives there and who you pay rent to, or the owner of the flat?

    We had a situation a few nights ago where water from our shower leaked into the apartment below, causing damage not only to the roofing but cupboards as well. At this stage we are unsure as to the extent of the damage. The fire brigade found the leak by removing the board surrounding the shower - there was no way we could have seen any leak.

    I would like to know where i stand in terms of liability for any damage - from what i can gather, the landlord is responsible for these sorts of things but i would like to know where this is stated and any legal rights i have.
    Assuming that the leak was not caused by your negligence (sounds like it wasn't), then this is the flat owner's responsibility. He'll probably claim for repairs on buildings insurance.

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    • #3
      Thanks so much for your quick reply Westminster.

      The contract refers to 'the guy' who we pay our rent to (apologies, bad phrasing) as "the manager". He lives with us, so in my mind, he is a live in manager - not a landlord.

      So i am unsure who is our actual landlord - by what definition do we define someone as the landlord? I assumed 'the manager' was paying our rent monthly to the 'landlord'.

      Cheers

      Comment


      • #4
        Whoever he is or isn't, if the escape of water was not your fault, it is not up to you to sort the insurance claim out, but the ownerr of the property (whoever he is).
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Originally posted by Shonny View Post
          The contract refers to 'the guy' who we pay our rent to (apologies, bad phrasing) as "the manager". He lives with us, so in my mind, he is a live in manager - not a landlord.

          So i am unsure who is our actual landlord - by what definition do we define someone as the landlord? I assumed 'the manager' was paying our rent monthly to the 'landlord'.
          I was just curious what your actual tenancy status is, because it sounded like you weren't sure (and it's as well to know your rights, as they can vary significantly). Anyway, it sounds like you are a lodger a.k.a. excluded occupier and "the guy" is your landlord (no idea what "manager" means in this context, though).

          You should have a read through the Shelter website as it's a good source of info on tenancies (as is this forum).
          http://england.shelter.org.uk/get_ad...vate_tenancies

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