damage to flat - advice needed

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  • damage to flat - advice needed

    When my tenant checked out , she said she didn't have time to stick around to do a check out inventory. However, whilst there I did point out a rather suspicious bulge in the kitchen lino for which she had no explanation.

    AFter she left, I looked and found that underneath the floorboards were absolutely soaking wet, they had swelled up and pushed up the plywood and warped the lino.

    I know that there was a leak from the washing machine about two months ago. She didn't inform me until about 5 days after it happened (I found out from another homeowner in the block) and when I went to see it at the time, she had done nothing to mop up the water under the machine! I'm assuming that the damage under the lino (near to the washing machine) is down to the same cause. Can I withold some of her deposit to repair and replace the lino which is now warped out of all recognition?

    I should add that I replaced the machine . there are also about 8 fag burns in the carpet - is this fw&tear?

  • #2
    Originally posted by Mina View Post
    When my tenant checked out , she said she didn't have time to stick around to do a check out inventory. However, whilst there I did point out a rather suspicious bulge in the kitchen lino for which she had no explanation.

    AFter she left, I looked and found that underneath the floorboards were absolutely soaking wet, they had swelled up and pushed up the plywood and warped the lino.

    I know that there was a leak from the washing machine about two months ago. She didn't inform me until about 5 days after it happened (I found out from another homeowner in the block) and when I went to see it at the time, she had done nothing to mop up the water under the machine! I'm assuming that the damage under the lino (near to the washing machine) is down to the same cause. Can I withold some of her deposit to repair and replace the lino which is now warped out of all recognition?

    I should add that I replaced the machine . there are also about 8 fag burns in the carpet - is this fw&tear?
    in my opinion ,assuming it was her washing machine and not yours, you should be able to replace all flooring including fag burnt carpet and deduct cost from deposit, but get detailed receipt,
    Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

    Comment


    • #3
      From the OP, I gather it was the landlords washing machine, in which case you cannot hold her responsible for damage caused by this. 5 days is not that long a time period, especially when it is a non-urgent matter such as the washing machine. With regards the carpet burns however, no this is not fair wear and tear.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


      • #4
        Mr Shed,
        You're right, the machine was mine. However, isn't the tenant under a duty to carry out basic repairs/take basic measures to keep the property from damage? She didn't even attempt to dry under the washing machine or under the lino where it has warped. I'm assuming that the damage under the lino is from the washing machine, it could have been caused by something else as at the time, there was no hint of the water having gone further than under the machine itself (which is when I checked it).

        Comment


        • #5
          1. It doesn't matter about ownership of the machine concerning water damage - the tenant should notify the lanldord within a "reasonable period" which in this case is as soon as possible after discovery.
          2. You should have inspected the floor under the lino as soon as you knew about the leak.
          3. Leaving it 2 months to report to an insurer might be too long, but you could ask!
          4. Whilst giggy burns are definitely damage, you can't replace the carpet with a new one and charge her for it even if it was brand new at the time, you must take into account its age now and condition when she went in.
          5. You might be able to retain 10% of the cost of a new carpet if it was say 5 years old!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment

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