Is this my Landlord's responsibility?

Elle00

Hi all,

I'd like to know what people think about who is going to be liable for a possible internal water leak that's resulted in a MASSIVE water bill? I have posted on the water board about the suspected leak but am getting very worried about who is liable if the leak is found on the property (technician could not find one externally apparantly but the metre was spinning).

As the previous tenants have been receiving threats (two were addressed "to the new occupier" cheeky water board) I know that if there is an internal leak it must have occurred since before I took tenancy of the property.

So if the Water Board find an internal leak, who has to pay the huge water bill? I notified my landlord of this issue when I first became aware of it six months ago on receiving a massive bill plus I forwarded all the threats for the old occupants to him right from the start so he can't really claim to be ignorant of the matter.

clutton_2

many AST's include a clause about the landlord being responsible for the buildings including electricity, heating and water fittings - i would assume this includes all the pipework within the property (includes underneath the property) Check out what yours says. If the landlord has not repaired it when you informed him (you did keep a copy of the letter i hope) - then you may be able to argue that you have suffered a "consequential" loss and you may be able to take him to court for the financial loss you have suffered. BUT - talk to him first.

But you must first establish where the leak is - on his property or on the public highway or someone elses property.

Gorgeous_George

EDIT: Please ignore this post

It's the tenant's water bill. Sorry if that's not the answer that you want. My house belongs, in part, to Britannia Bulding Society. I doubt they'd foot my water bill.

You could ask the water company for help. Failing that, the LL could try to claim off his insurance but I doubt this would be covered and even if it was, the excess and future insurance premiums would make the LL reluctant.

I'm glad my tenants are not on a water meter.



GG

x_raphael_xx

Tenant pays the water bill.
Landlord does all repairs required on the property. I.e. new boiler, oven, water pipes.

clutton_2

GG - its the tenants bill, but the landlords pipework ...... part of the structure of the property which the landlord must maintain.

Gorgeous_George

Not so sure about the oven.



GG

Gorgeous_George

And this one!

clutton wrote: »

GG - its the tenants bill, but the landlords pipework ...... part of the structure of the property which the landlord must maintain.

Agreed, and I'm sure the LL will pay for the repairs.



GG

Elle00

clutton wrote: »

many AST's include a clause about the landlord being responsible for the buildings including electricity, heating and water fittings - i would assume this includes all the pipework within the property (includes underneath the property) Check out what yours says. If the landlord has not repaired it when you informed him (you did keep a copy of the letter i hope) - then you may be able to argue that you have suffered a "consequential" loss and you may be able to take him to court for the financial loss you have suffered. BUT - talk to him first.

But you must first establish where the leak is - on his property or on the public highway or someone elses property.

He lives nearby, I've always talked to him on the phone or in person - never by letter.

He's bloody useless to be honest. Took him nearly two months to fix my washing machine when it was broken. But as a single Mum on a low income I cannot afford to move and the council won't house me because I'm not in a hostel on full benefits - and my landlord knows this only too well. He promised to childproof some of my son's room a week ago but has not done so despite my having a chat about him with a local councillor who is friends with him (and even he said "he's a right dreamy chap that one").

I have to admit to my own naivety over this one. I'm 23 and haven't got a sodding clue what I'm doing sometimes. Then I get stressed and it creates a kind of mental block.

How can the water board reasonably charge me for all this water having only JUST NOW notified me of a possible leakage? In fact, now I think about it, I am going to write to my landlord today. Reason being, whilst the board have previously sent me a ridiculous bill, they then followed it up with a reasonable one of £160 when I complained and I paid this IMMEDIATELY. No suspected leakage was suggested until now and they are alleging like I've paid that £160 off the balance of a £1000 water bill - but the original bill is in my filing stuff and says that was the BALANCE at that time.

Right, okay, if people have things to post then please do. I'm going to go away for the evening and think about how to handle this and where to go. I haven't handled this until now because I just thought it was a billing error to be honest, I don't even know where my water metre is (it's a block of flats okay) and this is the first time I've been told there might be a leak despite the old tenants also getting high bills. Last time they said the water metre must be faulty so I assumed they had dealt with this when they sent me that realistic bill.

teeni

the landlord is responsible for the pipes internally and any costs for the water can be claimed against him if you can prove you advised him of the fault and he did nothing to rectify it within a reasonable time.

you should get legal aid if the total claim is over £5000 including damages and consequential loss (if eligible for it) otherwise claim will have to be made through the small claims court. landlord should be investigating this not you. water pipes are the responsibility of the landlord under the landlords and tenants act 1985 irrespective of what the tenancy agreement says.

good luck
Teenie

Elle00

Gorgeous_George wrote: »

It's the tenant's water bill. Sorry if that's not the answer that you want. My house belongs, in part, to Britannia Bulding Society. I doubt they'd foot my water bill.

You could ask the water company for help. Failing that, the LL could try to claim off his insurance but I doubt this would be covered and even if it was, the excess and future insurance premiums would make the LL reluctant.

I'm glad my tenants are not on a water meter.



GG

Why would you be so spiteful and sarcastic to someone who is clearly worried? Do you get some kind of satisfaction out of feeling you have upset or worried someone further?

I clearly do not expect my landlord to pay for water I have actually used. I think my landlord should pay for water that has been wasted due to a fault on HIS property. He was made aware there was a problem by the water board directly when I rang them about receiving bills that weren't for me and gave them his details.

The water board have only just informed me personally that they suspect there is a leak. Previously they thought the metre must be dodgy and sent me a more reasonable bill which I paid.

Gorgeous_George

Apologies. I hadn't read the OP correctly.

Having read it again it seems that there is a leak on the consumer side of the meter. It's difficult to understand how there can be such a leak without physical signs/sounds of water flowing. It could be under the ground floor and may undermine foundations!

If the OP is in Somerset I'd be happy to take a look.

The water board and LL should deal with this problem.



GG