tenants accidental damage

katz23

we are renting a property and due to an accidental water leak in our flat there has been some damage to the flat below (damp ceiling, wall and carpet). Who is responsible to pay or claim for the damage?

we only have contents insurance and so are not covered and the landlord has said that he is not liable and basically left it for us to sort out with the flat below.

Is this correct?

any help greatly appreciated.

G_M

an accidental water leak in our flat

Depends on the circumstances.
You accidentally let the bath overflow? You are responsible.

There was an accidental pipe burst. The landlord is responsible.

etc

themull1

should the landlord not have buildings cover? it should be up to him.

Gwhiz

themull1 wrote: »

should the landlord not have buildings cover? it should be up to him.

Some LA/LLs demand that the tenants contents insurance also includes accidental damage to LLs property.

Meatballs

It isn't the LL's property. And the OFT says it's an unfair contract clause to demand the tenant takes out any insurance.

katz23

in terms of accident, it wasnt a overflowing bath or sink. to cut a long story short the mains water was switched off without anyone notifying us. partner made relevant checks including taps,valves, calling water supplier and door to door enquiries to see if anyone else in our block had been affected. went out for 20 mins as needed a shower and had no water. when we came back there was an overflow of water. we assume one of the valves that we checked under the sink wasnt completely closed and so when the mains came back on there was a leak!!!!

are we legally responsible and were we negligent in anyway?

katz23

the landlord does have buildings cover but he has told us his insurance company have told him he is not liable? i am not aware of any clause stipulating that our contents insurance needed to include accidental damage cover.

clutton_2

""valves that we checked under the sink wasnt completely closed ""

i dont understand this at all.. what valve are you talking about ?

most "valves" under the sink are the mains s t o p c o c k - which is like a tap which you switch off if you have a burst pipe or leaking radiator, to stop any more water coming into the property....

katz23

it wasnt the stopcock. it was a blue valve attached to an open (spare) pipe for another appliance. as there were a few under the sink they were simply just turned on and off to check to see if any water would appear

Sammy85_2

Sounds like.... you went round checking taps/valves elsewhere, maybe left one open and then the water came back on and flooded the place?

I would say that was your responsibility, accident or not.

PasturesNew

Sounds like there is a cold water connection under the sink, ideal for connecting up a dishwasher or washing machine - except you don't use it, so it's just sitting there. And it was turned into the on position, but not turned back to the off position.