Flood Damage

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    Flood Damage

    Just wondered if a tenant suffers damage to their property as a result of a flood from a plumbing part coming loose can the landlord be held liable for the damages or is it a case the tenant should have their own contents insurance for such losses.

    #2
    Anyone know.

    Your help would be much appreciated.

    Comment


      #3
      If there was no warning that this fault was going to develop, thus the ladlord could not be held to be negligent by not repairing the leak before it got serious, then it can be described as an "act of God". Your landlord will use his insurance to repair the leak and the damage it has caused to the property, and you should claim on your tenant's contents insurance. After all, if you actually owned the property, you would have to do this anyway.

      I always advise my tenants to obtain their own contants insurance for reasons such as this.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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        #4
        Have been through this (as tenant). House full on flooded (more act of stupid plumber when building house though than act of god). My insurance covered my stuff and some LL's stuff (including what I'd paid to get water pumped out) and LL insurance covered their side (internal walls, floor, kitchen etc).

        There was talk of both insurance companies taking the housebuilders to task about it though.
        I'm a good tenant with great landlords
        I'm also a living, breathing, fully cooked female.

        Comment


          #5
          Originally posted by thediceman View Post
          Just wondered if a tenant suffers damage to their property as a result of a flood from a plumbing part coming loose can the landlord be held liable for the damages or is it a case the tenant should have their own contents insurance for such losses.
          It may depend on whether L owns and lets:
          a. a freehold house;
          b. a long-leasehold flat; or
          c. one of a freehold block of flats of which L owns the whole.
          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


            #6
            The L owns and lets a freehold house.

            Comment


              #7
              Originally posted by thediceman View Post
              The L owns and lets a freehold house.
              OK- so L should insure the house and T should insure the contents. Let the two Insurers decide which company actually pays-up.
              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


                #8
                Cheers for the replies and the responses were basically what I thought/hoping to get.

                I'm actually the landlord. A couple of weeks ago I had my tenant, his dependant teenage niece and a friend of theirs on my doorstep at 21:30ish shouting at me because there had been a flood at the property and they demanded that I went round there and immediately cleaned up the mess and got it fixed. This wasn't the fiirst time they have made such demands as they have previously phoned me at 23:00, on a couple of occassions and demand I fix problems immediately and if I don't they phone to the councils private housing officer. I've explained to them the procedure to how things should are sorted and explained my responsibiltes as the landlord and theirs as the tenants.

                So the lastest incident when they called at 21:30 to inform me of the flood they shouted at me "we have called the police" and also threatened to do it again whilst on my doorstep. I said go ahead as it's not a police issue. As a week has passed the dependant niece has informed me that they now have a council place and will be moving in 8 to 9 days. NB: the actual person who the tenancy agreement is held with hasn't told me they are leaving so no notice has been given, let alone one month's notice. As the council have been paying me directly for the last five months, due to the tenant not making the due payments, he thought housing benefit was for him to buy a laptop, DVD's (blueray, only the best) and for him to treat his "niece", I shall request that the council continue to make the due payments untill the legal notice has been provided and served by the tenant.

                Now the funny thing, the niece has written to me saying in light of the damage they have suffered due to the flooding they want to take my cooker, fridge and washing machine as compensation. They haven't even provided any statement, let alone evidence of what damaged they have incurred and I suspect they don't have any contents insurance. It just amazes me the cheek of these people and I will write and inform them that there offer is declined and that if they do take any items belonging to me, they will be committing a criminal offense and that their first house guests will likely be the police. I will also get the police to be present at the time they leave and hand over the keys to ensure there is no breach of the peace.

                I was in the process of acting on a section 21 notice so I'm just glad to see the back of them as this uncle and niece have the strangest of relationships

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