Pipe burst in property, due to T not having heating on. Thoughts please.

JPS29

Hi.

My tenant phoned this morning to say that he has not been in the property over xmas as he has been staying with family and has come back to the house today to find that one of the pipes has burst and flooded the house. Luckily the bathroom is downstairs. The bathroom is tiled so that's ok, the kitchen diner is lino and it hasnt got underneath so that is also ok but the living room carpet was drenched and the underlay.

When I reminded him where the stopcock was he turned the water off and I was there within the hour.

I have mopped up all the water, ripped up the carpet and underlay, the plumber is coming first thing tomorrow to fix the pipe and I am getting a new carpet laid on wednesday.

In the tenancy agreement there is a specific clause about leaving the heating on to prevent burst pipes in cold weather which the T didnt do.

Life is life and these things happen so I'll bear the cost of the carpet, plumber, clean up etc but I would like your thoughts on this.

As a LL would you still expect full rent for the week (it is weekly paid as per the tenancy agreement) The T still has the use of the house and is sleeping there tonight but there is no water as the supply is turned off.

Thing is the T can't actually see they're at fault for not leaving heating on, or at least putting on auto even though we have had minus 15 this week.

Appreciate your thoughts.

Wings

If the tenant is going to be away from the rented premises within a period of adverse/cold weather conditions then the tenant should take reasonable precautions to stop pipes freezing etc. etc.

In your situation I would look at age, wear of carpet, cost of plumbing, other damage etc., your tenant overall, and whether there is a potential for that tenant being long term, then either consider an insurance claim or coming to a reasonable understanding of costs and time to pay with the tenant.

JPS29

HI wings.

Thanks for the reply.

I may not have made it clear but in the interest of good landlord/tenant relations I am willing to bear the costs myself. The carpet was new when the tenancy started 16 months ago. The plumbing I can get done resonably as too the carpet as I know people in the trade so the carpet will be the main expense.

I'm just after thoughts on charging a full weeks rent when the water had to be turned off for a day and there will be no flooring for 3 days. I know this is of their own doing but my T is very "blase" adn feel he may think it unjust in paying a full weeks rent.

Again, appreciate any thoughts

Wings

I would try to explain the additional and unnecessary costs you have already incurred at no fault of yours, therefore he should accept/pay the weeks rent.

mackemdave

JPS29 wrote: »

Hi.

My tenant phoned this morning to say that he has not been in the property over xmas as he has been staying with family and has come back to the house today to find that one of the pipes has burst and flooded the house. Luckily the bathroom is downstairs. The bathroom is tiled so that's ok, the kitchen diner is lino and it hasnt got underneath so that is also ok but the living room carpet was drenched and the underlay.

When I reminded him where the stopcock was he turned the water off and I was there within the hour.

I have mopped up all the water, ripped up the carpet and underlay, the plumber is coming first thing tomorrow to fix the pipe and I am getting a new carpet laid on wednesday.

In the tenancy agreement there is a specific clause about leaving the heating on to prevent burst pipes in cold weather which the T didnt do.

Life is life and these things happen so I'll bear the cost of the carpet, plumber, clean up etc but I would like your thoughts on this.

As a LL would you still expect full rent for the week (it is weekly paid as per the tenancy agreement) The T still has the use of the house and is sleeping there tonight but there is no water as the supply is turned off.

Thing is the T can't actually see they're at fault for not leaving heating on, or at least putting on auto even though we have had minus 15 this week.

Appreciate your thoughts.

Well Im in same boat...I got home tonight and fire brigade had left me a note saying they have attended an incident at a property I let...Substantial damage to bathroom,hall and lounge....I pay estate agent to manage the let ...I would have thought they would warn tennants not to leave the place unheated during lenghty absences.....Tennants didnt even have an emergency no for the agents....and they charge 14% for this management.....Cant even go round there are no electricity at property

Geenie

JPS29 wrote: »

HI wings.

Thanks for the reply.

I may not have made it clear but in the interest of good landlord/tenant relations I am willing to bear the costs myself. The carpet was new when the tenancy started 16 months ago. The plumbing I can get done resonably as too the carpet as I know people in the trade so the carpet will be the main expense.

I'm just after thoughts on charging a full weeks rent when the water had to be turned off for a day and there will be no flooring for 3 days. I know this is of their own doing but my T is very "blase" adn feel he may think it unjust in paying a full weeks rent.

Again, appreciate any thoughts

I think you are being more then reasonable and in your circumstances I would still charge the full weeks rent. The tenant left the house unheated during extremely cold weather. They have to take their reponsibility for the property as well as you. It states clearly what they have to do in the AST. They didn't do this, so all of this inconvenience is their fault.

You have gone out of your way to quickly get on top and repair the damage, so I think your tenant should be grateful for a hands on and forgiving LL.

If he still feels hard done by, show him a final bill of what his stupidity has cost, then ask him to pay it if more then the weeks rent. He may not feel so hard done by then.

LMCD

I think you are being very generous...

considering the fact that we have a mortgage and if the very same happened to us I would have to incurr my own costs of plumber, carpet and still pay the mortgage.

if its written in the agreement I think you should of asked your tenant to pay extra spread over a term til the cost was covered that is well more than fair in my eyes.

Hammyman

If its in the tenancy agreement, tell them that the rent is due a. When they whinge, tell them as they broke the terms of the tenancy by not ensuring the property was adequately heated, you're well within your rights to serve a Section 21 notice so their choice is to pay the rent or be evicted and have the cost of repairs deducted from the deposit.

JPS29

LMCD,

Don't get me wrong, inside I am !!!!!! off, I too have a mortgage on the property,, work 2 jobs and just get by.

But the property is in a not so great area and the tenant is DSS, for them to find the £500 or so pounds this is going to cost me would be a non starter. Take into account rental voids etc if relationships turn sour I'm thinking of the big picture taking this on the chin.

Smiling on the outside so to speak

Geenie

JPS29 wrote: »

LMCD,

Don't get me wrong, inside I am !!!!!! off, I too have a mortgage on the property,, work 2 jobs and just get by.

But the property is in a not so great area and the tenant is DSS, for them to find the £500 or so pounds this is going to cost me would be a non starter. Take into account rental voids etc if relationships turn sour I'm thinking of the big picture taking this on the chin.

Smiling on the outside so to speak

Don't charge them for the costs of repairing, but do charge them for the weeks rent. At the end of the day they are still living in the property. There are lots of people having to do without water at the moment. Where I live there have been numerous burst pipes and some people with out water since Xmas day. It's not fun, but you have to get on and deal with it. Your tenant is on DSS, so it's not their own money paying the rent each week anyway.

Costing you £500.

LMCD

fair enough... I guess if you want to keep the tenancy going and if anything this should never happen again as am sure the tenant is now well aware of such things.