Who pays?

[Harvey0767]

The title is misleading but im a bit miffed as to what to do here.
We have a tenant on benefits who called in regarding a broken Sani-Flo toilet. We had a contractor go out on our request and found the fault to be an entire packet of wipes lodged in the grinder. The Landlord is rightfully refusing to pay and the tenant has no means to do so. Meanwhile the contractor wants his money. We are holding a council bond and can only use this at the end of the agreement. What can I do? The contractor is also rightly saying we instructed him.
Do we pay ourselves and recoup from the deposit eventually, get the landlord to pay and again recoup for them from the deposit or tell the contractor to chase the tenant.
From my point of view I think we should pay and wait to take from the deposit but the bill is nearly £200.00.
Just a few opinions would be helpful.
Thanks.

[Snorkerz]

Are you the landlord or tenant? You refer to both as third parties so I'm not sure.

The landlord is responsible for the repair - so he must pay the plumber. The AST probably gives the landlord the right to charge the tenant for damages caused by the tenant. He must do that, if T doesn't pay then T will be in debt to the landlord. Landlord could try for eviction via ground 8 (section 12) or section 21 (if applicable). Once tenant leaves it would be chargeable to the bond, depending on the bond terms. Landlord would need proof that the damage was caused by the tenant in order to make a valid claim against the bond.

[matthew_henson]

The title is misleading but im a bit miffed as to what to do here.
We have a tenant on benefits who called in regarding a broken Sani-Flo toilet. We had a contractor go out on our request and found the fault to be an entire packet of wipes lodged in the grinder. The Landlord is rightfully refusing to pay and the tenant has no means to do so. Meanwhile the contractor wants his money. We are holding a council bond and can only use this at the end of the agreement. What can I do? The contractor is also rightly saying we instructed him.
Do we pay ourselves and recoup from the deposit eventually, get the landlord to pay and again recoup for them from the deposit or tell the contractor to chase the tenant.
From my point of view I think we should pay and wait to take from the deposit but the bill is nearly £200.00.
Just a few opinions would be helpful.
Thanks.

Are you the agent?

Did you provide T with specific instructions about the Sani Flow device? They are notoriously susceptible to blockage, also I bet it was a child that did the damage.

I would disagree with the previous post, it is normal for tenant to be responsible for unblocking drains (behaving in a tenant like manner... Lord Denning in the 50's) but as you said you instructed the contractor.

I would argue T needs to pay but whether that have the capacity is your call. If they generally behave I would advise L to pay and wait until they leave and take it from the deposit or perhaps take the cost in installments. Alternately L could claim from insurance

[Snorkerz]

The landlord is responsible for the repair - so he must pay the plumber.

I would disagree with the previous post, it is normal for tenant to be responsible for unblocking drains (behaving in a tenant like manner... Lord Denning in the 50's) but as you said you instructed the contractor.

I can see where you are coming from, but if landlord (or his agent) called the plumber then the contract is between landlord and plumber - hence landlords responsibility.

The AST probably gives the landlord the right to charge the tenant for damages caused by the tenant. He must do that, if T doesn't pay then T will be in debt to the landlord.

[matthew_henson]

I can see where you are coming from, but if landlord (or his agent) called the plumber then the contract is between landlord and plumber - hence landlords responsibility.

You can see waht has happened though, toddler throws bag of baby wipe down loo and flushes it.

Sani Flow makes a fuss and dies, parent T goes to loo, flushes it and... nothing, concludes it is broken and call LA who obviously under their management contract asks a few questions and concludes the Sani Flow is dead. LA sends plumber who after a rather horrible dismantling job discovers the damn toddler is the culprit.

T by fact that they own the child is responsible but LA has instructed plumber which under the LA/L contract, L must pay for.

L needs to get money back from T but T has no money. Do you terminate/upset the tenancy over the issue, take a tenner a week for 6 months or just wait and keep taking the rent and regret the day you ever considered yourself daft enough to put a Sani Flow in a rental property

[Harvey0767]

I think all of the above are relevant..and the tenant has confirmed/blamed the failure on the toddler!!
I think, as she has been a good tenant, that we will pay and claim at the end...aren't we nice!!
Thanks All.