Burst pipe liability query

aorv

Hi,

I have recently moved out of rented accommodation - on the day of inspection a pipe burst on the top floor and has caused damage to walls/carpets/laminate flooring etc.

None of my belongings where in the flat, so none of "my contents" had been damaged.

My landlord however is asking me to claim on my contents insurance for the carpets and flooring.

I have spoken to my insurance company and they have said because it was a plumbing fault that they don't believe I'm liable.

The flat was unfurnished, but had all carpets and flooring in place when we moved in.

Am I liable? Or should he be claiming on his own insurance? ...also I'm not sure how he is going to react if I do tell him I believe I'm not liable.

Thanks in advance

thesaint

Were you renting the "top floor"? If not, who is?

aorv

thesaint wrote: »

Were you renting the "top floor"? If not, who is?

Sorry, I wasn't clear in my post it's actually a 3 floor house I rented, the burst pipe was on the top floor. (Bedroom en suite)

Thanks

StuC75

Sounds more of a Buildings rather than contents claim then. Who's responsible for the Flat where the leak occured. Strikes of a landlord without insurance..

aorv wrote: »

The flat was unfurnished, but had all carpets and flooring in place when we moved in.

Fire_Fox

Did you do anything to cause the burst pipe, damage it or leave the heating off for days so it froze? Did you report the leak IMMEDIATELY you were aware of it? If not your doing the landlord is liable, he can claim on his own insurance. Maybe ask your insurer to state in writing that they do not think you are liable/ not covered under any tenant's contents policy.

StuC75

just seen your other post, assuming the damage didnt occur as a result of you moving your items out. then it would appear to be buildings insurance related rather than contents..

aorv

No nothing I could have done caused the burst pipe and it was reported immediately.

My landlord claims that the carpets are 'contents' not fixtures & fittings and therefore are my responsibility as the tenant. But surely this can't be the case if the escape of water wasn't my fault?

Thanks

Fire_Fox

aorv wrote: »

No nothing I could have done caused the burst pipe and it was reported immediately.

My landlord claims that the carpets are 'contents' not fixtures & fittings and therefore are my responsibility as the tenant. But surely this can't be the case if the escape of water wasn't my fault?

Thanks

They are HIS contents not yours, so covered by HIS buildings/ contents/ landlords insurance. You are liable for damage you cause to his property, you are not liable for damage his property causes to his property.

If you had been the one to cause the damage (not in this case) he would either claim out of your damage deposit, take out a small claim action, or claim on his own insurance then the insurance claim back from you. Presumably you have some sort of evidence you reported the water promptly? Phone bill plus follow up e-mail if possible. That really is all you need, deposit scheme won't wear unreasonable deductions.

aorv

I thought as much @FireFox - I just wanted to see what other people thought of the matter.

Thanks all for your replies!

Any advice on what to say to my landlord? I am concerned how he is going to react.

StuC75

Sounds like he's trying it on!

Leaks and burst pipes come under the remit of Buildings Insurance since they are part of the property (not something you would generally take with you).

The damage was to the carpets which generally may be considered to be Contents. Think 'Buildings' as 'shell', contents as that - whatever you may change in the property.

Assume all is above board with your rental agreement - that there wasnt some spurious term saying you should arrange Buildings & Contents insurance, then it would have remained the landlords responsibility to cover the Buildings Insurance \ Liability..

aorv wrote: »

No nothing I could have done caused the burst pipe and it was reported immediately.

My landlord claims that the carpets are 'contents' not fixtures & fittings and therefore are my responsibility as the tenant. But surely this can't be the case if the escape of water wasn't my fault?

Thanks

aorv

@StuC75 - as far as I am aware it's just a standard tenancy agreement, no building insurance required on my part.

Thanks for your advice