Leak damage to flat- who's liable?

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    Leak damage to flat- who's liable?

    Hi all can anyone help. I have a house which I pay a letting agent to manage.
    Now I went to do my yearly inspection of my property and had a nasty shock.
    When I went into the property I found that in one of the bedrooms the roof has been leaking causing damage to the wall and the bathroom ceiling below.
    The roof obviously has been leaking for sometime as the whole of the bathroom ceiling has gone mouldy and the wall has upstairs.
    Now the problem is that because it has been left so long the cost is going to be double than if it was soughted straight away. So who is liable?
    If the tenant has failed to notify of the problem are they at fault? Or
    Is it the Agents fault for not regularly inspecting the property?

    #2
    Well, the short answer is that you are! It has got to be fixed PDQ and you will be footing the bill. I would be suprised if your tenant (ex-tenant) did not report it to the agent - who then failed to pass his report on to you. Anyway, if you try to get any compensation out of your tenant, he could well bring an action for rent refund because part of the house was not fit for purpose or repaired promptly. The agent whose fault it is will no doubt be capable of wriggling out of any liability claims so your only course is to put it down to experience, pay up and make sure you find another agent. Of course if this agent is a member of ARLA or other professional body then they have their disputes facility.

    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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      #3
      have replied on the other section.

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        #4
        Originally posted by P.Pilcher View Post
        Well, the short answer is that you are! It has got to be fixed PDQ and you will be footing the bill. I would be suprised if your tenant (ex-tenant) did not report it to the agent - who then failed to pass his report on to you. Anyway, if you try to get any compensation out of your tenant, he could well bring an action for rent refund because part of the house was not fit for purpose or repaired promptly. The agent whose fault it is will no doubt be capable of wriggling out of any liability claims so your only course is to put it down to experience, pay up and make sure you find another agent. Of course if this agent is a member of ARLA or other professional body then they have their disputes facility.

        P.P.
        What about a buildings-cover insurance claim?
        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).

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