Tenancy and responsibility for leaking washing machine

artychap

silvercar wrote: »

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

Yeah, i was surprised about that too! It's hot and cold fill, but it's not a tremendously old washing machine. Maybe 3-4 years old.

G_M

artychap wrote: »

..

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...)

You are doing all the right things.

You do not need worry about the further damage. It is not down to you since you are informing the LL promptly (and will presumably not deny him access to undertake repairs!)

But you must confirm your report to the LL by letter to the address provided "for the serving of notices".

This protects you.

The letter does not need to be over-formal, or legalistic, or antagonistic ("Get the repair done tomorrow!"). It can be friendly, and helpful ("I'll be happy to assist by letting contractors in if you ring to let me know when......" etc).

But it must state the problem clearly.

olly300

artychap wrote: »

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).

Neither you or your landlord have been negligent. The damage wasn't done on purpose.

In addition the fact that the downstairs flat is unoccupied and obviously not checked on adds to this.

If you leave a property unoccupied you need to check it regularly as no insurer will cover it otherwise.

So if the owner comes up to you give them your landlord's details, don't admit anything, don't give them any money and don't offer to help them repair the damage.

If there is an issue with the plumbing i.e. there isn't individual taps to turn off the plumbing to the washing machine then talk to the landlord about it. If there is space for a washing machine even if the landlord doesn't supply it, it's a good idea for them to put in the basic connections for it. That way the leak will be between the tenants connections and their pipework not in their pipe work, which means it's clearly the tenants' responsibility to sort out.

BitterAndTwisted

If there's consequential damage to the floor and the ceiling to the flat beneath, I think that should be covered by the landlord's insurance.

In order to protect yourselves from being accused of not "acting in a tenant-like manner" you MUST confirm your telephone message to the landlord IN WRITING. Immediately!

artychap

G_M wrote: »

You are doing all the right things.

You do not need worry about the further damage. It is not down to you since you are informing the LL promptly (and will presumably not deny him access to undertake repairs!)

But you must confirm your report to the LL by letter to the address provided "for the serving of notices".

This protects you.

The letter does not need to be over-formal, or legalistic, or antagonistic ("Get the repair done tomorrow!"). It can be friendly, and helpful ("I'll be happy to assist by letting contractors in if you ring to let me know when......" etc).

But it must state the problem clearly.

Thank you. Yes, I'll follow up the conversation with a letter. The landlord has just gotten back in touch and is sending a plumber around to have a look. I am still not even 100% sure it is the washing machine connection causing the problem; it's a very badly laid-out system and trying to definitively locate the source of the leak is difficult, so I'd rather the plumber check it out, even if he does confirm it's the washing machine pipe and we need to pay the cost of him doing so.

As mentioned, the main thing is that we're not clobbered by a huge bill for damage caused by a leak. This is asking a bit much perhaps but is there a section of the Landlord and Tenant Act 1985 that lays out these respective responsibilities clearly? You've reassured me greatly but obviously I'd like to have a look at the wording myself.

SternMusik

I can't comment on the legal side of things, but I am currently in a very similar situation thanks to an incorrectly installed dishwasher (see here https://forums.moneysavingexpert.com/discussion/4573131). The leak occured where the hose is connected to the mains water pipe, and it caused significant damage to my floor and kitchen, such that the kitchen has to be ripped out in order for the floor to come up. Some of the units have had water damage therefore a new kitchen has to be installed (impossible to match the old units with new ones).

I am currently sorting it out with the retailer who installed the dishwasher. It will cost in the region of £10'000 to put right.

I think your landlord should take some of the responsibility here. If the pipework in the property is laid such that a fault like this cannot easily be discovered as soon as it occurs, then that is his problem really. This is what his landlord insurance is for IMO.

olly300

artychap wrote: »

it's a very badly laid-out system and trying to definitively locate the source of the leak is difficult, so I'd rather the plumber check it out, even if he does confirm it's the washing machine pipe and we need to pay the cost of him doing so.

As mentioned, the main thing is that we're not clobbered by a huge bill for damage caused by a leak. This is asking a bit much perhaps but is there a section of the Landlord and Tenant Act 1985 that lays out these respective responsibilities clearly? You've reassured me greatly but obviously I'd like to have a look at the wording myself.

You can google that Act and read it.

Alternatively you can look at Shelters website for England. They have interpreted the Act and common law to make it clear what is and isn't your responsibility.

To be honest with landlords its cases like this which shows what type of person they are. Reasonable ones will get it sorted out and not charge you. Why? Water damage can cost them a lot in the long run.

One of the reasons all the landlords I had apart from one always installed and fixed their own washing machines.

G_M

olly300 wrote: »

You can google that Act and read it.

Or you can click the link in my post above (9)!

:T