washing machine leak, can i claim?

jflj

Is there anyone who can answer the time delay question in my thread. i.e. I never informed tenant he was liable for a leak from his washing machine until he left. the incident took place 7 months ago.

G_M

The deposit is with the LA but i managed the property.

This does not answer the questions asked:

assuming this is Eng/Wales - was it protected?).

If Scotland, I cannot advise. If Eng/Wales, it is the landlord's responsibility to protect the deposit (or ensure his agent does so). The deposit cannot be left "with the agent".

The time delay is an issue, but not a show stopper. Claims can be made for up to 7 years (I think). However the tenant may well tell the scheme arbitrator that he assumed there was no issue/cost since you did not raise the issue at the time.

What the arbitrator/judge will decide is.... up to them!

Fire_Fox

Why didn't you tell the tenant for seven months? Why haven't you challenged your plumber on the bill given that he should have checked the above ground plumbing first, identified and repaired the leak much more quickly? If you employed a rubbish plumber it is not reasonable to pass the costs onto your tenant regardless of the timeframe.

phill99

There are a number of things against you:
1. Length of time. Under most policies there is a time limit on advising the insurers of a claim. Typically this is 30 or 60 days.
2. They won't pay for fixing the leak. This is down to you
3. They ate unable to inspect the damage now as you have had redecoration done.

Regardless of how the leak occurred, you should hav contacted your insurers at the time of the incident.

G_M

phill99 wrote: »

There are a number of things against you:
1. Length of time. Under most policies there is a time limit on advising the insurers of a claim. Typically this is 30 or 60 days.
2. They won't pay for fixing the leak. This is down to you
3. They ate unable to inspect the damage now as you have had redecoration done.

Regardless of how the leak occurred, you should hav contacted your insurers at the time of the incident.

????????????????

Who said anything about an insurance claim....???

anselld

I would agree with FF, you have employed an incompetent plumber, cost of which cannot reasonably be passed on to T regardless of timecale.

jflj

Fire_Fox wrote: »

Why didn't you tell the tenant for seven months? Why haven't you challenged your plumber on the bill given that he should have checked the above ground plumbing first, identified and repaired the leak much more quickly? If you employed a rubbish plumber it is not reasonable to pass the costs onto your tenant regardless of the timeframe.

youre right on all points, but the truth is i did pay the plumber that amount and i didnt check the bill and when i asked him he said it was a difficult leak to detect. i didnt know that was the reason for the leak until recently,my mistake.the deposit is registered with deposit scheme by agents in england .tenant is adamant he wont negotiate and it wasnt the hose and its all my fault...i may have to bite the bullet it doesnt sound like i have much chance..

Fire_Fox

In your shoes I'd ask my plumber to explain in writing why the cost was so high, "difficult to detect" is so vague as to be meaningless.

Zorz_2

G_M wrote: »

If Eng/Wales, it is the landlord's responsibility to protect the deposit (or ensure his agent does so). The deposit cannot be left "with the agent".

Perhaps the OP means that the deposit was protected with an insurance based scheme. Or you could be right.

nollag2006

Your case is against the inept plumber, not the tenant. They should have checked above ground before ripping up tiles.