Can I claim expenses back from landlady?

BowlingKaz

Hi,
After Christmas, the house that I am renting was floodd. The water seeped up from under the floor after heavy rainfall. I informed the landlady who sent her elderly parents to have a look. The informed us that this had happened on a previous occassion, a fact not mentioned when I came to view the house. I was told tha it would gradually soak away by itself. The flood reappeared on 4 further occassions, each time being left to drain away.
During this period and for a further 2 weeks, I had to keep the oil heating on 24 hours a day and also use electric heaters to dry the house out and keep it warm. I also could not use the entire downstairs of the property as it was too damp. I also had to take washing to the launderette to dry it rather than hanging it up in the bathroom.
The total cost to myself was considerable, plus not being able to use the entire house, only using the kitchen for a minimal time to prepare meals and wash up.
The property is unfurnished and there was no dmage to my own furniture.
After the clean up, I got in touch with the letting agents asking for their advice on who was responsible for paying to sort out the house. I did not receive a reply to any of my queries to them.
I am now moving out of the house and I want my land lady to reimburse me for the costs of clearing up the house, the extra oil and electricity used and compensation for the fact that I could not use the entire house for over two weeks.
The landlady is refusing to pay. Do I have a case to make a claim against her?
Any advice would be very welcome.
Thank you
BowlingKaz

G_M

This should have been dealt with at the time. Leaving it till you move out is a bit late!

If your possessions had been damaged, your contents insurance would have covered them.

If the property was 'uninhabitable' you could have demanded the LL re-house you (her building insurance would have covered this).

The costs you incurred (oil, electricity, launderette) are going to be hard to quantify. How do you know what you would have spent if the flood had not happened?

And liability is dependant on the LL wilfully not maintaining the property. Since you say the LL knew this had happened before, she had a duty to either warn you and/or improve drainage/flood defences - but can you prove she knew?

To be honest I think you've left it too late, and the amount you claim will be small, so I'd forget it.

marliepanda

G_M wrote: »

If your possessions had been damaged, your contents insurance would have covered them.
.

If a tenant damages the landlords property, the landlord doesn't have to claim on their insurance (from a previous discussion over a damaged appliance...)

So why should a tenant claim on their insurance if their items are damaged through the landlord not maintaining her property (or warning the tenant that it is on a flood plain or whereever!)

I agree though that it all seems to have been left a bit late... I personally would have been withholding rent if half my house was flooded!

savingmummy

I agree with PP`s you should of really asked for this at the time.

Did you ask to be rehoused at the time? I certainly wouldnt of lived like that.

BowlingKaz

No furniture was damaged although the dog was paddling in the kitchen! The reaon I left it this long was that I was waiting for the letting agents to get back to me and give them reasonable time. I realise that it has been a while but I don't see that time should absolve her from her responsibilities.

She did know it had happened before as her Mother told me when she came to see the flooding.

During this time, I never had any contact from her at all. She never offerred to help with the clean up or offer me alternative accomodations or a reduction in rent.

I know what heating and lighting etc I have used since the flood and, even though the weather has been colder I have not used anywhere near the amount of fuel that I had to during this period. I have calculated fairly accurately the extra expense involved.

I still think I will try to claim through the small claims court but it is good to have your opinions.

Thank you

G_M

Come back and let us know how you get on.

It may help other tenants in a similar position.

Or indeed, landlords!

And it's always nice to know how these stories pan out.