Escape of Water. Insurance/Landlord VS Tenant negligence

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Escape of Water. Insurance/Landlord VS Tenant negligence

    Recently a tenant in a 2nd floor flat came home from work and left a tap on whilst he fell asleep causing overflow in the kitchen (the plug left in) causing considerable damage to the downstairs flat. The tenant claims he turned the tap fully off but the tap must not have ceased flowing as it would usually take 15-20 seconds to do this at he left the room before it did. The reason it would take so long as the tap was stiff but tenants never reported this to the landlord previously. Once this happened the landlord called in a plumber the very next day who recognized and fixed the tap, installing a whole new set.

    My question is can the landlord (or rather landlords insurance) claim full negligance on part of the tenant, as they did not ensure the water ceased flowing. Or are the tenants in a position as they think they are in that the faulty tap was to blame for the water not ceasing to flow? Also has the fact a plumper was called and fixed the problem and Ill adverted acknowledgement of at least some responsibility on part of the landlord/tap?

    This is not a simple issue but the insurance are seeking the tenant be charged with full negligence whilst the tenant claims the tap did not work as it should, but surely they are still responsible for not ensuring the water ceased flowing?

    Anyone with any thoughts on this would be great to hear from. The tenant does not have any insurance to cover himself and probably not enough to cover the damage..

    #2
    Do you stop and look at your tap, to make sure absolutly no water is
    dripping out of the tap. I don't think many do.
    You do what you do, then turn off the tap, and when it wont turn
    off any more, then it is off, usualy when turning to get the towel.

    You have a faulty tap, it always used to stop the water flowing when
    it refused to turn off any more. and has done for the past 20 years
    or so.

    Don't blame the tenant for your un-maintained taps.
    Yes, they have to be maintained, dismantled to remove the brass
    filings that accumulate through metal to metal contact on the brass
    threads, and to remove the crud and green gunge that festers in there.

    Dissasemble the taps, clean all threads and crud, grease the threads,
    and put new washers on ( large at bottom, ans small on shank at top )

    Have you maintained your taps ? to prevent them from getting stiff.
    If you have, then it could be tenant related.
    If not, then your fault for not ensuring taps dont seizeup.

    seizing up is usualy at the top of the tap shaft where it meets the air
    and brass / water / air then forms a coating that makes the tap shaft
    stick in the upper part.

    I don't maintain my boiler, so its the tenants fault ? if it leaks
    I don't maintain moving tap parts so it's the tenants fault ?
    if it leaks.

    Food for thought.

    R.a.M.

    Comment


      #3
      ram isn't it Ts resp to report a dysfunctional tap?
      If a tap is dripping contnuously, would you leave the plug in for water to overflow the sink?
      The sink would not have overflowed if plug had not been left in and the waste pipe not blocked.
      The phrase 'tenant-like manner' comes to mind.

      Comment


        #4
        Originally posted by mariner View Post
        ram isn't it Ts resp to report a dysfunctional tap?
        If a tap is dripping contnuously, .
        Yes it is, but as i tried to point out,
        Do you stop and look at your tap, to make sure absolutly no water is
        dripping out of the tap. I don't think many do.
        You do what you do, then turn off the tap, and when it wont turn
        off any more, then it is off, usualy when turning to get the towel.

        Are we certain that the tap was dripping, or that it started to drip
        due to increased water pressure, and if the tap was not faulty, it would
        not have flooded. I know our pressure fluctuates.

        As said, no one looks at a tap when they know it does not drip the past
        few years when turned off.

        R.a.M.

        Comment


          #5
          Originally posted by deeinlondon View Post
          This is not a simple issue but the insurance are seeking the tenant be charged with full negligence whilst the tenant claims the tap did not work as it should, but surely they are still responsible for not ensuring the water ceased flowing?
          The T had a duty to report the faulty tap to you. He did not, so this was negligence.

          In addition, although T was aware the tap was faulty, he left the room while water was still flowing from the tap, with the plug in the sink. Also negligence.

          Comment


            #6
            Tenant is claiming that previously the teanats had seen this only as an inconvenience not as trueley faulty. But for the first time once this happened was the only time they would consider actually faulty

            Comment


              #7
              Originally posted by deeinlondon View Post
              Tenant is claiming that previously the teanats had seen this only as an inconvenience not as trueley faulty. But for the first time once this happened was the only time they would consider actually faulty
              Any reasonable person would consider a tap that continued to run even after it had been turned off as faulty. Truly and actually faulty.

              Whether it was the first time it happened or not, you do not leave a tap running and the plug in the sink and leave the room assuming that the water will stop flowing a few seconds later.

              Comment


                #8
                I agree. I just hope this stand ups leagally / in court should it come to that.. There's no getting away from the fact that a problem was speedily fixed after this happened. Thanks for the replies so far!

                Comment

                Latest Activity

                Collapse

                • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  Hi

                  I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

                  One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

                  I then went through months where...
                  Black Grout they want me to get redone...
                  17-01-2018, 21:53 PM
                • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  In regards to this, I attended the property today with a plumber, as he tenants claimed they had tried using some sink unblocker and plunger etc...

                  When we were shown the sink she now decides to tell us that since using the sink unblocker it doesn't seem to bad (she could have told me this...
                  19-01-2018, 23:13 PM
                • Joint tenancy - end fixed term
                  Nottinverno
                  Hello,

                  need some advice, please, I'm getting mad at this.

                  I have a joint tenancy, renting a flat through an agency with other 2 people, ending end January.
                  I have decided to move out and I gave my notice (to both the agency and my flatmates) last end November, however...
                  09-01-2018, 14:29 PM
                • Reply to Joint tenancy - end fixed term
                  KTC
                  Ask the solicitor for their interpretation of section 5(5)(b) of the Housing Act 1988 regarding giving a notice to quit on the first day of the statutory periodic tenancy.
                  19-01-2018, 22:54 PM
                • Reply to Joint tenancy - end fixed term
                  Nottinverno
                  Oh nono, I have to leave at the end of Feb. I have already moved forward my move and luckily the new landlord is flexible, but I can't stay other 2 months in my current place.
                  It really seems that as soon as the periodic roll starts I can serve 1 month notice, so by end Feb I should be able to...
                  19-01-2018, 22:48 PM
                • Payment Break
                  OlliesDad
                  I have a great long-term tenant who, along with her husband and daughter has been with me for nearly 5 years. Unfortunately the husband has done the dirty and left leaving her with nothing but debts. Her finances are in a mess and she has said she may need to move in with family whilst she sorts herself...
                  18-01-2018, 21:27 PM
                • Reply to Payment Break
                  royw
                  You have a good tenant and if it were me I'd be looking for ways to keep her rather than evict her. Might be worth having a chat and find out how much she can afford now and in the long-term. If she can afford it on her own once the debts are cleared possibly offer her a reduced rent for a year equivalent...
                  19-01-2018, 22:26 PM
                • Tenants not vacated at check-out
                  tatemono
                  Had a lovely young couple with a baby in our property for about 8 months, they gave notice to leave as he'd moved out after they split up and she couldn't afford rent. Sad situation for them. Property has been on market since.

                  Anyway, yesterday our very competent and well-trusted long-standing...
                  09-01-2018, 08:58 AM
                • Reply to Tenants not vacated at check-out
                  KTC
                  If it were a notice to quit given during a periodic tenancy, as opposed to an agreement with the landlord during the fixed term, then tenancy has ended. Validity of a notice to quit does not depend on whether the tenant follow up and acting in accordance to it. A notice to quit is not a notice of intention....
                  19-01-2018, 22:20 PM
                • Reply to Tenants not vacated at check-out
                  buzzard1994
                  But the notice wasn't valid because the tenant did not give up possession. The notice is an intention to end the tenancy but the tenant remains in possession so they did not end the tenancy. If it was the end of a fixed term that would be different....
                  19-01-2018, 22:06 PM
                Working...
                X