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

ravi61

Tenant went on holiday for two weeks and turned off the heating. The pipes froze and burst in the loft. Went to check the house, the walls ceilings and floors are soaked through. Tenant wants the deposit back, saying it is not their fault and saying no one leaves heating on when they go on holiday even in the winter. Do I have to give their deposit back or I am I entitled to keep it for the damage to the carpets etc?

Yorkie1

Did the tenancy contain any clauses about heating being left on? Had you given the tenant any documents explaining that they should keep heating on during winter absences? Or had similar discussions?

silvercar

Yorkie1 wrote: »

Did the tenancy contain any clauses about heating being left on? Had you given the tenant any documents explaining that they should keep heating on during winter absences? Or had similar discussions?

Tenant is required to behave in a tenant like manner whether or not they have been given specific instructions.

If it is likely to be freezing cold you leave some heating on (or drain down). If it is not likely to be freezing cold but the freezing weather was a freak occurance then you can not be expected to predict the weather in advance.

ericonabike

Stick with it JPS29, you are absolutely on the money. You know your tenant - the rest of us don't.

Judith_W

Honestly, I think you are being really accomodating and kind already. It would be a greyer area if it wasn't in the contract to keep the heating on, but this is a no-brainer - charge the week for goodness sake and advise that you are well within your rights to take the full cost out of the deposit if you wanted to but you're not. I can understand you thinking that it wasn't deliberate, but if they owned the house and did the same, deliberate or not they would still have to pay. That is what a deposit is for!

paul1964_2

ravi61 wrote: »

Tenant went on holiday for two weeks and turned off the heating. The pipes froze and burst in the loft. Went to check the house, the walls ceilings and floors are soaked through. Tenant wants the deposit back, saying it is not their fault and saying no one leaves heating on when they go on holiday even in the winter. Do I have to give their deposit back or I am I entitled to keep it for the damage to the carpets etc?

If the pipes burst in the loft, this has less to do with the tenant not heating the property and more to do with the pipes not being adequately insulated.

The tenant can't be expected to heat the loft space.

mlz1413

JPS whilst I admire your ability to see the bigger picture when forking cash out of your own pocket, I would suggest that a letter is sent to T saying that on this occasion you have covered the cost of their damage as a good will gesture and not an act of responsiblity.

Advise that if anything similiar happens again they will have to pay to put right all aspects of the damage. (plumber, clean up, replacement of carpets etc)

This documents the dates of the first 'accident' and ensures the T doesn't believe that you will always fork out for problems, with written evidence available if it does.