what counts as wear and tear?

applestar

Hi

I'm a tenant in a house and just have a few questions about wear and tear..

Our house is reasonable but the bathroom is a bit shoddy.
I was merrily washing my hair with one of those on the tap shower heads - the ones that just slot on - and then had a scream from my housemate that water was dripping in to the kitchen below. (i stopped then!)
Turns out the bath or tiles or *something* essential in the bathroom hasn't been sealed properly and my reasonable hair washing (i wasn't being overly careful but then i wasn't exactly drowning in water either) meant the water has gone and made a little bulge in the kitchen ceiling.
This was about a year ago ( i know i know) and i haven't done it since... have to make do with using the actual shower (which is crap) or just doing it at work

ok i'm not moving out soon but it bugs me not knowing so i kinda want to know whether i should tell my land lord now.. if i've left it too long already.. or if i should wait til we've moved out (surely better for repairs??)
I have insurance with the letting agency and i assume that landlord has building insurance that will cover it so, also, will we get charged for this if we do move out? or build up the courage to tell him??


(also a door handle has fallen off but we've been there for 2years so i figure that one is acceptable wear and tear! :rotfl:)

Jowo_2

Wear and tear doesn't have a legal definition that I am aware of but a rule of thumb definition is that it is naturally deterioration under ordinary usage which rules in things like the sunlight fading furnishings and carpets thinning around doorways and rules out things like stains, burns, scratches and the like (anything damaged through negligent use or by accident).

It is the responsibility of tenants to report repairs promptly and they can be held responsible for any damage that subsequently arises from an unreported problem. You are also expected to facilitate repairs while the tenancy is in progress by allowing access, etc.

Tenants are also responsible for simple household maintenance tasks, such as changing lightbulbs and fuses, for example, and this can be interpreted to mean being responsible for similar basic DIY, such tightening loose screws, unblocking sinks that they've blocked with their own foodstuffs, etc. The law is clear that tenants are supposed to undertake basic activities like any other householder.

For that door handle, either buy a screwdriver and pop it back on or report it to your landlord to see if he's happy to fix it. For the damp problem, report it and hope that your landlord doesn't get suspicious if the level of damage doesn't look like it came from a recent one-off leak. You should not have continued to use it if you suspected that the tile grout or shower sealant had perished.

applestar

Jowo wrote: »

For that door handle, either buy a screwdriver and pop it back on or report it to your landlord to see if he's happy to fix it. For the damp problem, report it and hope that your landlord doesn't get suspicious if the level of damage doesn't look like it came from a recent one-off leak. You should not have continued to use it if you suspected that the tile grout or shower sealant had perished.

Door handle seems to have come off before and he's glued it back on so might call him about that to fix... and the ceiling will come up

It's not a damp problem - it just leaked and got the corner of the ceiling wet, so it buldged.
I did stop using it as i was using the taps of the bath with an attactment not the shower which has never caused a problem ... other than being crap :rotfl:

Thanks for the reply

Jowo_2

applestar wrote: »

Door handle seems to have come off before and he's glued it back on so might call him about that to fix... and the ceiling will come up

Glue? No wonder it came off - what kind of door handle is fixed with adhesive?!

Fire_Fox

Don't call the landlord, you are supposed to report problems promptly in writing. The only exception to that is if there is a fault that needs fixing as a matter of urgency, such as you think there is a gas leak.

kissjenn

Your landlord's insurance will probably not cover this if you've left a year to report. Insurance typically only allows one month to report the problem once identified. If he gets workmen out they may confirm this is a long standing problem which you've allowed to go unrepaired. Your landlord may well have grounds to ask you to cover the costs of repairs as you have denied him the right to do so by concealing the problem.

I would be inclined to get a quote to fix it as you may find that a lot cheaper than having monies withheld from your deposit. If you find it's more than a cosmetic job you will have to officially contact your landlord and come clean - no pun intended!

Best of luck.

clutton_2

ceilings dont "bulge" just from one hair washing over a sink....

Fire_Fox

clutton wrote: »

ceilings dont "bulge" just from one hair washing over a sink....

I think the hairwashing incident took place over the bath! I have a 'little bulge' in my bathroom ceiling where it leaked through from upstairs' shower. It was only one day, and only drip-drip out of the light hole not a full-on flood. That's plasterboard I guess?

N79

clutton wrote: »

ceilings dont "bulge" just from one hair washing over a sink....

I once had a one off leak in a house which caused the kitchen ceiling to bulge (and then it started to crack). It was an N79 installed bathroom as well so I could not even blame someone else.

It can happen.

I agree though that by because the OP failed to report the fault for a year then the OP will need to pay to remedy any consequential damage which the LL has not been able to prevent from occuring.