Tenant Liability?

  • 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

  • #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).


    • #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.


      • #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"


        • #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.

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


          • #6
            Health and safety??


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


            • #7
              Originally posted by Raggy

              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.


              Latest Activity


              • Tenant's energy debt.
                I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
                20-07-2017, 22:08 PM
              • Reply to Tenant's energy debt.
                I wasn't aware that the identity of council tax payers was a public record. You might be able to get a statement that it wasn't you. without breaching the Data Protection Act.
                23-07-2017, 23:27 PM
              • Landlord asks that T to pay deposit protection charge each time we renew AST
                Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

                Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

                Is our landlord acting in questionable faith by asking us to pay...
                23-07-2017, 04:18 AM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                I'd hope so! They run a business after all....
                23-07-2017, 22:32 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                The main problem I have for the charge being passed on is that often times (esp. through agents) the charge is actually considerably more than the protection fee they pay the schemes. It's been used as another way for agents (or landlords) to make money.
                23-07-2017, 22:29 PM
              • Reply to Tenant's energy debt.
                Your still confusing your own council tax liability at your current address with that of the rental property.

                If no-one was registered as living there then you would have been billed as landlord. The fact that you haven't been indicates that they are aware of who was tenant. ASK THEM FOR...
                23-07-2017, 22:18 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                To be fair lvkn yes the rent covers everything you state, but the 48 pound charge Is your choice and is avoidable.

                You choose to use an insurance based scheme and hold the tenants money collecting interest. How is it fair to force that charge on your tenant each time?

                23-07-2017, 22:06 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
                23-07-2017, 20:27 PM
              • Excessive estate agent fees
                I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                21-07-2017, 16:26 PM
              • Reply to Excessive estate agent fees
                If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

                Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
                23-07-2017, 19:11 PM