Tenancy and responsibility for leaking washing machine

artychap

Hello!

My partner and I are currently in rented accommodation. This morning I discovered a slow dripping leak, which I am almost entirely certain is coming from a damaged or badly-connected fitting on a hot water inlet pipe for the washing machine (the leak is coming from the connection between the hot water pipe from the boiler and the pipe that then leads to the washing machine).

It is obvious that this has been going on for some time -- I discovered it when I noticed that the flooring in the kitchen had started to bow very slightly in some places, and a paper towel pressed against the cracks between came up wet. So there is already some minor damage to the flooring caused by the leak.

I have put a bowl under the leak for now while I consider our position. My concern is one of responsibility: as far as I understand it, in normal circumstances where the washing machine is not listed in the tenancy agreement (there was no inventory done), responsibility for any potential damage caused by the leak rests with the tenants.

However, the grey area for me comes from this: the washing machine was left here, installed by the previous tenants. We made reasonable checks to ensure it was connected properly when we moved in, but didn't spot this slow leak. We've been here about 6 weeks, and it seems to me that this leak has been going a lot longer than that (it's very slow indeed, and arguably would need to have been leaking a long time to have soaked into the flooring in this way). The other thing to say is that the pipe leaks all the time, not just when the washing machine is in use -- so whether we'd used the washing machine or not, then the leak would have been there.

I have not contacted the landlord or a plumber yet as I want to try to ensure that when i do so it is from as informed a position as I can manage under the circumstances. Does anyone have any idea where responsibility for any damage would lie from this situation? I have to depressingly assume that the responsibility is ours, but the facts that a) we didn't install the machine, b) its fitting leaks whether it's used or not, and c) that the leak has almost certainly been going on longer than we have lived here make me unwilling to jump entirely to that conclusion.

I'm wording this calmly but I am actually obviously extremely worried about this, as we don't have much money!

Thank you.

jamie11

A new washer for the pipe will be a minimal cost, so get it fixed now. That would be acting in a 'tenant like' manner.

You hardly need to call out a plumber to do it for you.

Only then will you be able to assess the damage.

If it was my property then I would certainly be looking for a contribution to the costs, I had an exactly similar happening in a property that was ignored by the tenant and it resulted in me having to replace the entire floor. All for the want of a washer.

pmlindyloo

You must contact the landlord straight away as the continuing leak is damaging the floor.

You have a responsibility as a tenant to report any faults.

In the absence of the responsibility for white goods not being mentioned in the tenancy agreement then the repair usually falls on the tenant.

However, since this seems to be about a hot water pipe leaking then this may well be the landlord's responsibility.

Contact your LL/LA immediately. First by telephone and then follow up in an old fashioned letter, keep a copy of the letter and receipt from the post office. This is to protect you in the event of any disputes later and identifies the date you notified the LA/LA.

Don't worry until you get a response from the LA/LL. It could all be sorted out very easily.

artychap

Thank you both, I have contacted the landlord and am awaiting a reply (she didn't answer the phone but I left a message).

Hopefully she'll be reasonable about it. Even if it is the case that technically yes, it is our responsibility (if the problem is with the washing machine pipe fitting), we did not install the machine, the landlord knew it was there, and this has almost certainly been going on since before we moved in. I know by the letter of the law this probably isn't a particularly robust case in our favour but, well. I dunno! Ugh.

jamie11

The seals in pipes on washing machines do degrade in time, did you do a thorough inspection of the place before you moved in? Was there an inventory?

Relying on the chance that somebody did a poor job in the past is not likely to stop you being held responsible.

artychap

jamie11 wrote: »

The seals in pipes on washing machines do degrade in time, did you do a thorough inspection of the place before you moved in? Was there an inventory?

Relying on the chance that somebody did a poor job in the past is not likely to stop you being held responsible.

No, there was no inventory done. The handover and move were done in a regrettably rushed way by all parties concerned. I am also pretty confident that the landlord has not protected our deposit.

artychap

I should also add that while there's nothing in the tenancy agreement about supplying a washing machine, it was listed in the ad for the property as being supplied. Verbally the landlord was vague about it; "there's one there but it was left there by the previous tenants, not sure if it works", etc.

pmlindyloo

artychap wrote: »

No, there was no inventory done. The handover and move were done in a regrettably rushed way by all parties concerned. I am also pretty confident that the landlord has not protected our deposit.

You can check about the deposit here:
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

G_M

Law.
The lack of inventory + lack of clause in tenancy agreement, plus fact that machine was 'inherited' from previous tenant, means the LL's liability is almost certainly limited to Landlord & Tenant Act 1985 S11 which excludes 'appliances' like washing machines.

However, if the location of the leak is in the pipework of the property, it would be included. This appears to be where an appliance is connected to the pipework, and I believe this would be excluded.

Damage caused by the leak (eg the floor) is down to the LL unless it can be shown the tenant was negligent or acted in an untenantlike manner (eg by knowing of, but ignoring, the leak, thus agravating the damage).

So it is important you write formally to the LL to inform him (ie a friendly letter confirming your telephone conversation. Obviously keep a copy.).

Practicality
Many LL would accept responsibility even if the law did not force them to. He may just get it fixed a) to avoid damage and b) to keep his tenant happy.

So yes, tell him, ask for repair, and see what happens!

As for self-repair. Yes, it may just be a washer - 10p? & 15 minutes DIY? (turn off the mains!), but it may not.....

artychap

G_M wrote: »

Law.
The lack of inventory + lack of clause in tenancy agreement, plus fact that machine was 'inherited' from previous tenant, means the LL's liability is almost certainly limited to Landlord & Tenant Act 1985 S11 which excludes 'appliances' like washing machines.

However, if the location of the leak is in the pipework of the property, it would be included. This appears to be where an appliance is connected to the pipework, and I believe this would be excluded.

Damage caused by the leak (eg the floor) is down to the LL unless it can be shown the tenant was negligent or acted in an untenantlike manner (eg by knowing of, but ignoring, the leak, thus agravating the damage).

So it is important you write formally to the LL to inform him (ie a friendly letter confirming your telephone conversation).

Practicality
Many LL would accept responsibility even if the law did not force them to. He may just get it fixed a) to avoid damage and b) to keep his tenant happy.

So yes, tell him, ask for repair, and see what happens!

As for self-repair. Yes, it may just be a washer - 10p? & 15 minutes DIY? (turn off the mains!), but it may not.....

This is very helpful, thank you. I'm not worried about the cost of repair of the connection itself--as you say, it's a simple enough job to fix and I'm sure I could do it myself. I'm more worried about damage caused by the leak. Not just to the floor, but, if it's been going on for a while, potentially to the flat downstairs (annoyingly, the flat downstairs is currently unoccupied, so if there was water coming through the ceiling, chances are nobody will have noticed it). It's those kinds of potentially unlimited costs that are haunting me right now, as we are living very month-to-month at the moment (I'm unemployed, my partner is working full time but we only just get by).

But yes, we've certainly not acted negligently. I've informed the landlord the same day we've found the leak, and in the short hour or so between discovering it and informing the landlord i have contained the leak (in a bowl -- I'd turn off the water but I can't seem to find the stopcock...)

silvercar

My partner and I are currently in rented accommodation. This morning I discovered a slow dripping leak, which I am almost entirely certain is coming from a damaged or badly-connected fitting on a hot water inlet pipe for the washing machine (the leak is coming from the connection between the hot water pipe from the boiler and the pipe that then leads to the washing machine).

Unless the washing machine is very old, I would have expected it to be cold water fill only.