Leaking roof has damaged landlord's property - who's liable?
Discussion
So LL has a clause in his contract which you agreed to to have all his contents insured. You didn't challenge or refuse to that clause as such you accepted those terms.
Now regardless of the fact he got the rug gratis its his asset which you state is £8-10k so if you ruin it or its damaged then you pay(your insurance policy does).
With building ins it would cover fitted carpets but does not cover rugs.
What you should have done on negotiating the contract is to ask him to insure the contents and buildings and add the cost of the premium into the rent and that you will pay any excess rightly so.
I'd actually call your landlord complaining that his roof has leaked into the premesis and has caused damage to the property (mention the rug). Realistic timeframes for him to get it fixed. You certainly do not want to make a claim on your contents insurance as you will lose your no claims discount and premium will go up ditto the issue of the excess plus the fact that upon you taking out the ins policy you had no idea it was an £8-10k rug and any item over £1k had to be noted (highlight it wasn't mentioned in the contract and him saying it after the fact is irrelevant) and that the rug wasn't so there is a potential issue.
Now regardless of the fact he got the rug gratis its his asset which you state is £8-10k so if you ruin it or its damaged then you pay(your insurance policy does).
With building ins it would cover fitted carpets but does not cover rugs.
What you should have done on negotiating the contract is to ask him to insure the contents and buildings and add the cost of the premium into the rent and that you will pay any excess rightly so.
I'd actually call your landlord complaining that his roof has leaked into the premesis and has caused damage to the property (mention the rug). Realistic timeframes for him to get it fixed. You certainly do not want to make a claim on your contents insurance as you will lose your no claims discount and premium will go up ditto the issue of the excess plus the fact that upon you taking out the ins policy you had no idea it was an £8-10k rug and any item over £1k had to be noted (highlight it wasn't mentioned in the contract and him saying it after the fact is irrelevant) and that the rug wasn't so there is a potential issue.
Welshbeef said:
With building ins it would cover fitted carpets but does not cover rugs.
Really? I'm surprised at that. In which case, is there a precise definition of 'rug'? The item in question is 16 feet by 12 feet and may as well be a fitted carpet as it's a two-person job to move it.
It covers most of the floor area in the room with a heavy table over part of it, so it isn't as though it could be moved a foot or so either way in order to avoid a wet spot, for instance.
Mobile Chicane said:
Welshbeef said:
With building ins it would cover fitted carpets but does not cover rugs.
Really? I'm surprised at that. In which case, is there a precise definition of 'rug'? The item in question is 16 feet by 12 feet and may as well be a fitted carpet as it's a two-person job to move it.
It covers most of the floor area in the room with a heavy table over part of it, so it isn't as though it could be moved a foot or so either way in order to avoid a wet spot, for instance.
As in a fitted kitchen if damaged is covered but the dining table and chairs are not
Or the bathroom s
te is Or say fitted wardrobes are but freestanding are not.
You generally need 2 people to move a sofa but that isn't covered either.
Mobile Chicane said:
Really? I'm surprised at that. In which case, is there a precise definition of 'rug'?
The item in question is 16 feet by 12 feet and may as well be a fitted carpet as it's a two-person job to move it.
It covers most of the floor area in the room with a heavy table over part of it, so it isn't as though it could be moved a foot or so either way in order to avoid a wet spot, for instance.
A rug is 'contents'...........I wouldn't expect any company that insures 'Buildings' alone to cover any contents at all, why would they? Otherwise people would just cover the building and then if it got destroyed in a storm the insurance company would cover the contents on the basis that it was the roof that landed on the contents, therefore they are liable....The item in question is 16 feet by 12 feet and may as well be a fitted carpet as it's a two-person job to move it.
It covers most of the floor area in the room with a heavy table over part of it, so it isn't as though it could be moved a foot or so either way in order to avoid a wet spot, for instance.
The problem here is that the LL asked the OP to take out insurance and he didn't. If he had, the insurance company may have covered the cleaning of the rug or a portion of. The value of the rug is irrelevant. If the OP had insured it and the found out it was worth £10k and his insurance wouldn't cover an item of that value then thats not the OP's problem....but he didn't.
From the 1st google result for tenants insurance i get this
[i] Key benefits include:
£2,500 to cover your liability as a tenant
Cover for you and your family all on one policy
So, if you accidentally damage your landlord’s property, furniture, fittings and fixtures we’ll pay out so you don’t have to! [/i]
The OP says he was required to insure against *accidental* damage, this was not his accident/negligence,it was down to the LL's leaking roof, not the OP dropping paint on it.
What did the lease or initial correspondence say on your obligations?
And does the LL now know the rug is worth a lot?
[i] Key benefits include:
£2,500 to cover your liability as a tenant
Cover for you and your family all on one policy
So, if you accidentally damage your landlord’s property, furniture, fittings and fixtures we’ll pay out so you don’t have to! [/i]
The OP says he was required to insure against *accidental* damage, this was not his accident/negligence,it was down to the LL's leaking roof, not the OP dropping paint on it.
What did the lease or initial correspondence say on your obligations?
And does the LL now know the rug is worth a lot?
kowalski655 said:
From the 1st google result for tenants insurance i get this
[i] Key benefits include:
£2,500 to cover your liability as a tenant
Cover for you and your family all on one policy
So, if you accidentally damage your landlord’s property, furniture, fittings and fixtures we’ll pay out so you don’t have to! [/i]
The OP says he was required to insure against *accidental* damage, this was not his accident/negligence,it was down to the LL's leaking roof, not the OP dropping paint on it.
What did the lease or initial correspondence say on your obligations?
And does the LL now know the rug is worth a lot?
You're splitting hairs over who's accident it was....an accident is an accident hence no blame can be apportioned as to who exactly is allowed to cause the accident. The OP was asked to insure the contents incase they were accidentally damaged, but didn't. If the OP's friend splashed a glass of red wine over the rug, you'd expect the blame to rest with the tenant. The landlord insures the building thinking the OP has insured the contents, therefore as he has rented the property as fully furnished, that if anything happens to either the building or his contents, that one way or another it's all insured..[i] Key benefits include:
£2,500 to cover your liability as a tenant
Cover for you and your family all on one policy
So, if you accidentally damage your landlord’s property, furniture, fittings and fixtures we’ll pay out so you don’t have to! [/i]
The OP says he was required to insure against *accidental* damage, this was not his accident/negligence,it was down to the LL's leaking roof, not the OP dropping paint on it.
What did the lease or initial correspondence say on your obligations?
And does the LL now know the rug is worth a lot?
I still say that this is the Landlord's problem.
The Tenant in no way can be held responsible for this damage, as it wasn't caused by him or anything within his control.
At the worst, the OP can only cover accidental damage for things arising out of his occupation there. A leaky roof is not one of them.
If the Landlord has high value items in the property, he should either insure them himself or provide a list to the incoming Tenant to get a quote on.
Even of the Tenant had insured the rug, I suspect that his insurers would then try to throw the blame onto the Landlord and his insurers.
The Tenant in no way can be held responsible for this damage, as it wasn't caused by him or anything within his control.
At the worst, the OP can only cover accidental damage for things arising out of his occupation there. A leaky roof is not one of them.
If the Landlord has high value items in the property, he should either insure them himself or provide a list to the incoming Tenant to get a quote on.
Even of the Tenant had insured the rug, I suspect that his insurers would then try to throw the blame onto the Landlord and his insurers.
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