Tenants property damaged by leaking Radiator
Discussion
Just wanted someone advice.
My friend's tenants had a leaking rad that wet the carpet and the water/mould has soaked up into two of the legs of their wooden table. They have boiler/heating cover with britishgas. The leak was fixed within a few days of reporting it.
The agent for some reason didn't tell the tenant the table should be claimed under their own contents insurance and instead asked for photos, so the tenants thought that some action or recourse may happen from their landlord. Not sure why they didn't politely tell the tenants that the table was their issue. Now weeks later the tenant is not happy as it looks like they have missed their window to claim on their insurance.
It doesn't help that the tenant was recently trapped in the bathroom for 3 hours as the catch on the door failed and it had to be forced open after a relative came to find them trapped with no phone. They are now waiting for a new door on the 9th july.
Is the landlord clear of any responsibility?
My friend's tenants had a leaking rad that wet the carpet and the water/mould has soaked up into two of the legs of their wooden table. They have boiler/heating cover with britishgas. The leak was fixed within a few days of reporting it.
The agent for some reason didn't tell the tenant the table should be claimed under their own contents insurance and instead asked for photos, so the tenants thought that some action or recourse may happen from their landlord. Not sure why they didn't politely tell the tenants that the table was their issue. Now weeks later the tenant is not happy as it looks like they have missed their window to claim on their insurance.
It doesn't help that the tenant was recently trapped in the bathroom for 3 hours as the catch on the door failed and it had to be forced open after a relative came to find them trapped with no phone. They are now waiting for a new door on the 9th july.
Is the landlord clear of any responsibility?
Edited by surveyor_101 on Friday 15th June 13:54
98elise said:
Where damage is caused something that was my responsibility, I have always offered to pay the tenants costs.
I get your point but thats what they have contents insurance for if not then its too easy for them to cause a leak and then expect you to pay for new stuff for them.Who Me said:
I get your point but thats what they have contents insurance for if not then its too easy for them to cause a leak and then expect you to pay for new stuff for them.
We had a similar situation, bathroom leaked because the tenant was having a bath, overfilled it and when they got in, the overflow on the crappy new build wasn’t sealed properly and water ran under the floor and came dripping through the ceiling.My insurance covered the cost of call out and repairs, their insurance covered the damage to the sofa under the leak.
They got a bottle of wine off me for the inconvenience but as above, that’s what insurance is for, not about to start buying them new furniture on something I couldn’t have foreseen.
If there’d been a leak for years I hadn’t dealt with, that’s a different matter.
No one is "obliged" to have contents insurance. So suggesting they are somehow compelled to claim on their own insurance makes no sense.
If their insurance comes with an excess, or at renewal, the cost rises due to the claim, so they are worse off, and the leak was as a result of a failure of the landlord to maintain or repair the premises, then I don't see why the landlord doesn't accept the responsibility.
If their insurance comes with an excess, or at renewal, the cost rises due to the claim, so they are worse off, and the leak was as a result of a failure of the landlord to maintain or repair the premises, then I don't see why the landlord doesn't accept the responsibility.
Jujuuk68 said:
No one is "obliged" to have contents insurance. So suggesting they are somehow compelled to claim on their own insurance makes no sense.
They aren't obliged to. But not having it doesn't move liability - it simply means they've chosen to take the risk themselves, "self-insuring".You say that the leak was repaired soon after it was reported - which is good, but how long had it been leaking before it was reported?
If it's been leaking for ages and the tennant only reported it when it started affecting their table then I would say tough s
t, tennant pays (and if they don't have insurance that's their own stupid fault).
If on the other hand it was reported as soon as they were aware of the leak then the table became sort of 'collateral damage' and whilst the landlord is not obliged to replace it, it might be worth it to keep the tennant happy, or at least 50/50.
£200 is a very small price to keep a good tennant happy.
If it's been leaking for ages and the tennant only reported it when it started affecting their table then I would say tough s
t, tennant pays (and if they don't have insurance that's their own stupid fault). If on the other hand it was reported as soon as they were aware of the leak then the table became sort of 'collateral damage' and whilst the landlord is not obliged to replace it, it might be worth it to keep the tennant happy, or at least 50/50.
£200 is a very small price to keep a good tennant happy.
it was like a trickle and it can only be seen under the leg of the table. The leak only showed when the table leg went black.
The agent didn't tell the tenants they would not be able to claim and when they emailed about the table the lady at the agents asked for pictures. I think that had caused the issue as it gave the tenants hope that the landlord may make a payment.
The agent didn't tell the tenants they would not be able to claim and when they emailed about the table the lady at the agents asked for pictures. I think that had caused the issue as it gave the tenants hope that the landlord may make a payment.
surveyor_101 said:
not happy as it looks like they have missed their window to claim on their insurance.
Insurance doesn't work like this. I could be 3 years on with a different insurer, but if I suddenly became aware of something that happened during the previous policy, I could claim.Edited by surveyor_101 on Friday 15th June 13:54
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