Property in a Rented Flat Ruined - Any Advice?

WiseOldBird_2

DS rented a top floor 'executive' flat on a 6 months' lease. Unfortunately it had a flat roof. After a few months of living there it was noted that after a bout of heavy rain, damp was seen coming through the ceilings. My son reported this and a patch-up job was carried out. The builder did say that the whole roof needed re-laying and that the patch up job wouldn't last. DS reported this to the Letting Agent - would you guess - nothing further was done.

Fast forward a couple more months to a really torrential rainstorm that lasted a couple of days. Now the whole roof lifted up, rainwater poured in and the whole flat was a mess, damaging a lot of stuff. Of course DS got on the phone to the LA who said they would make sure something was done. No-one showed until four days (and several phone calls) later. Conditions were so bad that DS and girlfriend had to decamp into the living room - the only habitable part of the flat. When the landlord came round to the flat to inspect the damage, (we were there), he told DS that he would make sure that he would pay for all ruined property, and to give him receipts, which DS did. He had DS sign a letter to say that if it hadn't been for the damage, DS would have renewed contract, which DS did. This was so landlord could claim on his insurance for lost income.

Now landlord is saying that his insurance only covers structural damage and that DS possessions weren't covered, that DS should have had his own property insurance - unfortunately he didn't. He is not prepared to pay out at all. It's only a couple of hundred pound but DS feels that he's been disadvantaged through no fault of his own - the landlord knew the flat roof was dodgy and didn't bother to come round for four days, etc.

So I guess the question I'm asking is that does he have a case to pursue through the small claims court? Or can the landlord be held to be not responsible? Any help appreciated. DS moved out and is now in a new flat - fortunately!

paint

WiseOldBird wrote: »

So I guess the question I'm asking is that does he have a case to pursue through the small claims court? Or can the landlord be held to be not responsible? Any help appreciated. DS moved out and is now in a new flat - fortunately!

Very much doubt it - sorry to say that DS should have had his own insurance for his contents. The landlord's insurance wouldn't cover your DS's possessions. Hope DS has insured the contents of his new flat!

Somerset

Another thought

You said it was a top floor flat, so the roof would be the responsibility of the freeholder, not the leaseholder ( the landlord ). Normally the managing company ( for the freeholder ) would do emergency repairs, but major works like renewing the roof would be 'booked' in sometime later, depending on the maintainance pot. All this means is that your son's landlord had no control over when or what was done with the roof.

I'd say your son could break the lease since the flat is uninhabitable. But the damaged possessions would be down to him, tenants normally have their own contents insurance. Of course the landlord could always make a 'goodwill' gesture out of his own pocket - but the contents weren't covered by any insurance.

brasso

I would get some legal advice on this.

It's true that the landlord's insurance may well not cover your son's possessions, but his possessions were damaged by the negligence of the landlord (it could be argued), and therefore there may well be scope for a civil suit.

It's one of these situations where a decent landlord would say ok, my insurance won't cover this but this wasn't your fault and you've been a good tenant, therefore I'll pay for the damage, or at least make a contribution.

Something similar happened to me when I rented out a flat and the flat suffered some water damamge from a broken window that I really should have had repaired. I paid the tenant £150 to replace some books and other stuff. He was pleased enough to renew the tenancy for another 6 months, and if I'm honest, I managed to 'lose' the payment in my end of year tax claim by chalking it up as an expense. A bit naughty, I confess.

Anyway, I see nothing wrong in seeking some legal advice, and I strongly suspect that if you took him to the Small Claims Court he would be willing to settle out of court. Let's face it, a couple of hundred pounds probably isn't worth the damage to his reputation.

(But I am not a lawyer....)

paint

brasso wrote: »

It's one of these situations where a decent landlord would say ok, my insurance won't cover this but this wasn't your fault and you've been a good tenant, therefore I'll pay for the damage, or at least make a contribution.

If I was the landlord, I don't think I'd feel a moral obligation to make a contribution, other than perhaps to offer to pay any excess he had on his insurance or something. Seeking legal advice is a lot of hassle for the sake of chasing a couple of hundred quid. I'd be just tempted to write it off as a lesson learned and make sure he has insurance on his new place.

Gorgeous_George

Does the agreement say that the tenant must/should have insurance cover for contents? I know my aggreement does and I wouldn't entertain any claim against me for losses that should have been insured against.

Of course, a small claims court may decide otherwise.



GG

scorpio_princess

Just a thought, but would a contents insurer pay out if contents were damaged due to something outside of the insured person's control? I don't know how the whole claims thing works, but do they ask why something needs repairing or replacing?

WiseOldBird_2

Thank you everyone. The majority seem to think as I do. I just don't think it's worth the hassle to sue for this amount - but my DS thinks if we do, then he just might cave in and at least give a contribution. But legally I think we're on dodgy ground. As you say a goodwill gesture would not come amiss. To be fair to the landlord he did offer to put DS up in a hotel for a few nights, but because he also offered to pay for damaged stuff, DS said he would just stay put, and save him the money.

My own approach would be to call him and appeal to Landlord's better nature first.

And yes, the landlord paid a management fee to the leaseholders to deal with problems to the fabric of the building.

Anyway, thanks again to all who replied. I knew I'd get help here.

real1314

A mate of mine rented a house that was not kept in a proper state of repair.

One day, a leak occurred and blew up his PC and damaged other stuff.

After the end of his 6 month AST he sued the Landlord for damage to goods and for a proportion of the rent.

On £420 per month rent he got a judgement of £1200 owed. Not sure how it was split between goods and rent being overcharged due to the state of the property, but if it had been all on rent, that would be £200 pcm, which would be far too hefty a refund.

The basis of the claim is that the landlord has failed to maintain the property adequately and that this has caused a consequential loss for the tenant.
The landlord's insurers won't pay out on this as the landlord has failed to maintain the propeerty correctly.
(or if it's the freeholders liability for the roof repair, it's him he threatens to sue).

Wings

My first thoughts on reading your posting was to offer to send Gorgeous George and the boys round to see your landlord, but perhaps that might cause more problems.

As all other posters have mentioned it is for the tenant to have insurance cover for their own personal possessions, however in this instance I do consider the landlord to be morally responsible for the damage to the tenants property. If I were the landlord in that same situation the tenants would have received a reduction in that month's rent, and if I were the tenants I would be looking to recover my financial losses when paying the final months rent of the tenancy.

WiseOldBird_2

Thanks again everyone. We didn't deduct damages from final month's rent as we thought this might put return of the bond in jeapordy and didn't want that to happen (we got full bond back). Plan of action after your views is as follows:
- seeing some solicitor friends of mine on Monday so will seek advice on whether landlord would be liable.
- phone landlord. Not sure what conversation will be - that will depend on what legal advice will be.
If legal advice is that we're on rocky ground then I'll appeal to LL's better nature.
If legal advice is that we have a good case, then I'll be a bit tougher!

Again, thanks for all your views. I'll try and keep you informed of outcome - if anyone's interested!