Damage to tenant property due to landlord negligence

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    Damage to tenant property due to landlord negligence

    Hi, I'm hoping someone here can help me

    Our landlord neglected to repair a problem with the shower which was reported in October last year. The plumber he finally sent round in March said the floorboards underneath the bath were rotten and that the whole bath/shower area needed ripping out and replacing. On 22nd June water started leaking into the kitchen from the bathroom, so we called the landlord again. The plumber eventually called on 5th July to confirm he would be installing a new shower on 9th July, but in the early hours of 8th July the kitchen ceiling caved in completely.

    The landlord is now dealing with the repairs, but the incident has damaged and broken some of our own appliances, most importantly the cooker which now does not work at all and has a dent in the top. He wants us to claim for a new one on our contents insurance (he eventually agreed to pay the excess if we did) but I think he should cover the cost as the damage is due to his neglect. He doesn't seem interested in the distress and inconvenience this has caused or the fact that we have had to spend hours cleaning up the huge amounts of mess ourselves despite this being no fault of our own.

    I've been in touch with a solicitor and citizens advice, and looked online, but nobody seems to be able to tell me exactly where we stand in terms of who pays for the damage to our property. Can anyone tell me if by law he has to at least replace our broken cooker? I would prefer not to take this to the small claims court (or sue him for negligence), but am extremely angry that he is taking so little responsibility for this incident when his lack of urgency could have caused death or serious injury.

    Thanks in advance to anyone who can help!

    #2
    Do the premises let to you comprise a house, part of what was a house, or a purpose-built flat?
    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).

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      #3
      Yes it's a house.

      We are good tenants, been here nearly 5 years, always paid the rent and looked after the place. Never had to bother the landlord with anything major before.

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        #4
        L is inescapably liable for the building's structure/plumbing. See countless LZ threads about s.11 of LTA 1985.
        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
          Thanks, I did read that while trying to find out where we stand but my head is all over the place at the moment - so does that also cover our property in this case? It doesn't seem very clear about landlords damaging tenant possessions, all seems to be the other way around!

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