Tenant Liability?

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

    Tenant Liability?

    I wonder if you could help me

    I have recently started renting as a private tenant and within a week of renting, the bath started to leak into the kitchen ceiling.

    After the landlord came around he noticed that there was a crack in the centre of the bath.

    This is where it gets interesting, when you take away the bath panel there is a support for the front and back of the bath but there is a wood block strewn to the side and where it should be supporting (along with a metal pole which it was the base for) the bath it was not.

    The landlord made a temporary fix for this problem by sealing the crack and putting half a forest underneath the centre of the bath to support it.

    The big question I have is that whilst I understand that any damage to their property whilst renting is our fault, if they have failed to support the bath does the liability fall to us?

    And if so does this example consitute such a failing?

    The landlords have not got back to us as to how they want to proceede but I'd appreciate any advise as well as any backup (links to sites giving legal backup to my claim) to support my case.

    Thank you
    Baud2death

    #2
    From the details given you have no liability for the repair of the bath.As tenants you are responsible for damage over and above normal wear and tear (excluding pre-existing damage or defects which become apparent later).

    Comment


      #3
      Damage through fair wear and tear is not your liability. The landlord has repaired the bath - how effective a repair this has been, only time will tell.
      If the crack either leaks or causes any discomfort or you are not happy with the repair, get in touch with the landlord and ask him to replace it with a new bath - failing that, contact the local council's environmental health department who have powers to order your landlord to repair/replace and to do it themselves if the landlord can't/won't.

      Comment


        #4
        Would the landlord not be able to argue that the damage is our fault as it wasn't there before.

        You'll have to excuse me if i sound like im re-asking the same question but I'm not 100% sure on where the liability stands

        From what you have said we are responsible for over and above normal use, wouldn't cracking a bath causing damage be above normal use?

        ** and also is there somewhere where i can back this up?

        Last thing i want is for my landlord to pull out my deposit because of the crack stating it is our fault, i'd love to turn around and say

        "well read this, this this and oh, this and you will see if is not my fault"

        Comment


          #5
          This was obviously an existing condition as nothing you could have done would make it to crack within a week. It is a wear and tear over a long period and not by your use. It just happened to crack after you moved in but is not due to your use.

          To give an example, a boiler could pack up within a week of you moving in but this does not mean that it is your responsibility.

          For you to be held responsible, the landlord would need to prove that you misused the bath for it to crack.

          Another point is that this is a fixture to the property and not a furnishings item. I believe that the fixtures are always the responsibility of the landlord unless you cause damage maliciously.

          I think it best to write to the landlord and put down all the facts as it happened, including the less than satisfactory repairs which he has effected. Also request him that he should replace the bath because it is apparently not fit for its intended purpose and could also be considered a health and safety issue.

          Ramnik
          Private advice is available for a fee by sending a private message.

          Comment


            #6
            Health and safety??

            Karongo,

            In what way would you consider this a health & safety issue?

            Comment


              #7
              Originally posted by Raggy
              Karongo,

              In what way would you consider this a health & safety issue?
              Raggy is right - it's not an H & S issue!

              BUT - Can't anybody tell the poor poster and allay his fears, in that the landlord is liable under The Defective Premises Act 1972 under these circumstances (as there was already a fault prior to the tenancy), and for any further similar occurrences Section 11 of the Landlord & Tenant Act 1985.

              The tenant has no responsibility for damage to premises caused by defective appliances, fixtures or fittings. Only deliberate damage i.e. "waste" would he/they be liable for.
              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

              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