Leaking roof has damaged landlord's property - who's liable?
Discussion
Hi guys/girls,
As above.
The recent storm has caused my roof to leak, and this has caused some water damage to a rug belonging to my landlord. (I rent fully furnished.)
When I took on the tenancy, a condition was to insure the landlord's possessions against accidental damage, which I'm afraid I didn't do, due to the excessive premiums involved. I'm a careful person, and thought I could do without the extra cover.
However, the roof has leaked, and the rug is now water marked. My question being, who is liable for this? It is my landlord's responsibility to claim on his buildings insurance for the roof leak, or mine to claim on my contents for the resulting damage?
TVMIA.
As above.
The recent storm has caused my roof to leak, and this has caused some water damage to a rug belonging to my landlord. (I rent fully furnished.)
When I took on the tenancy, a condition was to insure the landlord's possessions against accidental damage, which I'm afraid I didn't do, due to the excessive premiums involved. I'm a careful person, and thought I could do without the extra cover.
However, the roof has leaked, and the rug is now water marked. My question being, who is liable for this? It is my landlord's responsibility to claim on his buildings insurance for the roof leak, or mine to claim on my contents for the resulting damage?
TVMIA.
Just a thought but it's your Landlord's roof which has leaked and damaged his carpet.
Shouldn't he be claiming himself?
It's not through any negligence or damage on your part...
I should add that I am a Landlord and wouldn't even try to hold a Tenant liable in this type of situation!
Shouldn't he be claiming himself?
It's not through any negligence or damage on your part...
I should add that I am a Landlord and wouldn't even try to hold a Tenant liable in this type of situation!
Edited by Davel on Monday 30th December 22:43
Davel said:
Just a thought but it's your Landlord's roof which has leaked and damaged his carpet.
Shouldn't he be claiming himself?
It's not through any negligence or damage on your part...
I should add that I am a Landlord and wouldn't even try to hold a Tenant liable in this type of situation!
That's good to know, however I'm concerned that the tenancy specifically said that I should insure the landlord's possessions against accidental damage.Shouldn't he be claiming himself?
It's not through any negligence or damage on your part...
I should add that I am a Landlord and wouldn't even try to hold a Tenant liable in this type of situation!
I didn't do this, thinking the furniture was all old and knackered, and that if he should get crabby, it could easily be replaced with something equally old and knackered from Oxfam.
However it has subsequently come to light that the carpet I thought was a cheap machine-made Chinese fake, is in fact a hand-knotted Persian worth some £8-10k. (Independently verified.)
Hence my question: who is liable for the cleaning of this artifact? I certainly didn't know this when I took the tenancy on, otherwise I'd have insured it.
Mobile Chicane said:
That's good to know, however I'm concerned that the tenancy specifically said that I should insure the landlord's possessions against accidental damage.
I didn't do this, thinking the furniture was all old and knackered, and that if he should get crabby, it could easily be replaced with something equally old and knackered from Oxfam.
However it has subsequently come to light that the carpet I thought was a cheap machine-made Chinese fake, is in fact a hand-knotted Persian worth some £8-10k. (Independently verified.)
Hence my question: who is liable for the cleaning of this artifact? I certainly didn't know this when I took the tenancy on, otherwise I'd have insured it.
Accidental damage caused by you then yes - but this clearly isn't unless you damaged the roof...I didn't do this, thinking the furniture was all old and knackered, and that if he should get crabby, it could easily be replaced with something equally old and knackered from Oxfam.
However it has subsequently come to light that the carpet I thought was a cheap machine-made Chinese fake, is in fact a hand-knotted Persian worth some £8-10k. (Independently verified.)
Hence my question: who is liable for the cleaning of this artifact? I certainly didn't know this when I took the tenancy on, otherwise I'd have insured it.
Mobile Chicane said:
That's good to know, however I'm concerned that the tenancy specifically said that I should insure the landlord's possessions against accidental damage.
I didn't do this, thinking the furniture was all old and knackered, and that if he should get crabby, it could easily be replaced with something equally old and knackered from Oxfam.
However it has subsequently come to light that the carpet I thought was a cheap machine-made Chinese fake, is in fact a hand-knotted Persian worth some £8-10k. (Independently verified.)
Hence my question: who is liable for the cleaning of this artifact? I certainly didn't know this when I took the tenancy on, otherwise I'd have insured it.
LLs responsibility, as a leaking roof is part of the fabric of the property. The requirement for accident insurance will be for accidents under your control, as it were. IE dropping a glass of red wine on the carpet.I didn't do this, thinking the furniture was all old and knackered, and that if he should get crabby, it could easily be replaced with something equally old and knackered from Oxfam.
However it has subsequently come to light that the carpet I thought was a cheap machine-made Chinese fake, is in fact a hand-knotted Persian worth some £8-10k. (Independently verified.)
Hence my question: who is liable for the cleaning of this artifact? I certainly didn't know this when I took the tenancy on, otherwise I'd have insured it.
I thing the Building insurance will pay for the damage to the carpet - I claimed a few years ago for a downstairs toilet cistern that leaked while we were out. The insurance paid for the damaged flooring etc.
I'm a landlord, and although you admittedly haven't insured the carpet/rest of the belongings, in my opinion if there are £10k rugs etc, then he should be either paying the insurance himself, or swapping the rug for an Ikea one.
I'm a landlord, and although you admittedly haven't insured the carpet/rest of the belongings, in my opinion if there are £10k rugs etc, then he should be either paying the insurance himself, or swapping the rug for an Ikea one.
northwest monkey said:
I'm a landlord, and although you admittedly haven't insured the carpet/rest of the belongings, in my opinion if there are £10k rugs etc, then he should be either paying the insurance himself, or swapping the rug for an Ikea one.
Quite.I'd love to meet the guy who leaves a £10k rug in a rented property.
Clearly adds no value, he's not going to get extra rent because of the lovely rug that was mistaken for a cheapy item that could be replaced from Oxfam. I can't imagine any scenario where leaving it in the property would make sense.
How do you know it's worth £10k? Have you confessed to the landlord you didn't take insurance out and that it's damaged and he told you it's worth that?
I'd expect his insurance to cover it, either way.
Re: value. The landlord has admitted that the carpet came with the house when he bought it.
I'm guessing that he had no idea it was worth that much. If so, he'd have sold it / never have left it in a rental property.
However, so long as he can't stiff me for the cleaning, I'm happy.
Thanks to all who have contributed.
I'm guessing that he had no idea it was worth that much. If so, he'd have sold it / never have left it in a rental property.
However, so long as he can't stiff me for the cleaning, I'm happy.
Thanks to all who have contributed.
He is a daft bugger having a rug of that value in there, but surely it can be cleaned in some way by a specialist?!
But it shouldn't come to that, his roof leaked on his property. Damage wasn't caused by you so it shouldn't go through your non existent insurance.
But it shouldn't come to that, his roof leaked on his property. Damage wasn't caused by you so it shouldn't go through your non existent insurance.
Edited by dazwalsh on Tuesday 31st December 19:29
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