Landlord Issue - please advise

Baileyborough

Hi all,

So I'm currently in the middle of a very stressful situation.

2 weeks back, my fianc!e and I noticed a small fungus growing from between floorboards in my hall. After some investigation, we found that the cupboard that houses the boiler had been leaking for an unknown period of time (probably a few days, based on the look of things).

We called the landlady as soon as we saw this, and agreed with her to get a plumber first thing in the morning.

Plumber arrived, and explained that the boiler had packed in. He plugged any leaks, and left the landlady with options to either fix part of this boiler or replace it.

Fast forward two weeks, and landlady has just been to see the flat with her own plumber. I've been using a dehumidifier to dry out the area (which is working nicely), so they looked at where to put the new boiler, as well as take some pictures etc.

While she reimbursed me for paying the first plumber, she also mentioned that she wanted her surveyor to come around Tuesday, but depending on that assessment, that we may be liable to pay for any damages as we didn't inform her as soon as this issue arose.

I explained to her that as soon as we knew about it, we called her, but she seemed to imply that that didn't change anything; we could be liable to pay all or part of this repair work if her insurance wouldn't pay out. I didn't want to get into an argument about something that might not happen, but I'm really very stressed and worried now. Is what she's saying true? How can I inform her of something that I don't know is happening?

Please, and advice on this would be really appreciated.

C

fishpond

Tell your landlady to **** off.

stator

She's lying. You are only responsible to tell her when you know about it.

[Deleted User]

I had a similiar problem. My LL used to get rather nasty when I reported repairs.., usually ended with a threat to evict me. I had reported a mould problem in the bathroom (next to the affected hallway) and been told it was my fault through not opening windows - which I did. So when water started coming in through a flat roof, I didn't report it initially, couldn't bear the stress and bad feeling again. Of course this was a very stupid decision on my part. The leak just got worse and worse. THEN I was worried I'd get charged.

After two months I did tell the LL, initially he said I'd have to pay for the repair costs if insurance didn't because I hadn't said anything initially. Until the builders turned up and said the flat roof had had another flat roof put on top of it, both were rotted away and the problem had been going on for a couple of decades (which he should have known about). I wasn't charged.

When the flat roof was fixed, the mould problem in the bathroom went away as well - eventually.

I would imagine your problem will be much the same. The leak had probably been going on for months, and you wouldn't have known about it. Besides which, as soon as you did know, (unlike me), you did report it.

The LL doesn't have a leg to stand upon with this one.

Mossfarr

You are absolutely NOT responsible - damn cheek!!
Make sure you put eveything in writing - contact the original plumber, explain whats happening and ask him if he'll give you a written report about the boiler - and take some photos yourself! If she tries to charge you tell her to sue you for the money - the court would never find in her favour.
good luck

Baileyborough

Thanks guys, this is a huge relief to hear.

I'm anticipating some pushback on this rubbish, so can any of you recommend decent sources that I can reply with?

I'm just going to have to wait till later this week for an update on where she/I stand I suppose. If I wasn't saving for a wedding, I'd be already looking for alternative accommodation.

HappyMJ

Baileyborough wrote: »

Thanks guys, this is a huge relief to hear.

I'm anticipating some pushback on this rubbish, so can any of you recommend decent sources that I can reply with?

I'm just going to have to wait till later this week for an update on where she/I stand I suppose. If I wasn't saving for a wedding, I'd be already looking for alternative accommodation.

There's no need to quote anything at all. Quoting legal stuff may annoy your landlord enough to make them issue a Section 21 notice to you. They cannot make you pay. If they send a bill to you ignore it. When you eventually do leave they may try deducting the expense from your deposit. Refuse the deduction and refer the matter for arbitration. You'll get your deposit back.

Whilst doing as fishpond has suggested and telling your LL to 4 stars off sounds good it's not really a nice thing to do and it really would make them want to give you a Section 21 notice. I'd just politely say no and ignore any further requests for payment.

FBaby

that we may be liable to pay for any damages as we didn't inform her as soon as this issue arose.

What damages? Saying that, I would have thought that fungus growing after only a few days is unlikely, so I can see her doubting your words if an expert says that it must have leaked for months to get to that state.

You say the boiler had packed in, didn't you notice?

Baileyborough

I say packed in, basically parts of it started to leak, but it was still functioning, hence us not noticing that anything was wrong until the mushrooms started to appear.

[Deleted User]

When I moved in this council place, the boiler was leaking and I didn't notice.., and I'm 50.., but know nuffink about plumbing and boilers. I'm pretty good with most DIY but anything electrical or plumbing, I call on an expert.

My boiler stopped working a month after I moved in, and the leak was spotted two repairs in. The property had been empty at least a month, the leak could have been going on for some time. I didn't spot it at all (the boiler is in a cupboard low on the floor, the piping was underneath, not a place I looked). The pipes have been replaced, an overflow tank replaced, same for the heat exchanger and it still is temperamental. No idea why. I'm not a gas safe engineer and don't know when temperamental is a point to call in a repair. It works most of the time. Maybe the tenant was in the same position. Only called when it stopped working.

Its not a perfect world. Tenants aren't required to take training courses to spot problems. Even if I had seen a slow water leak, I doubt it would have occurred to me to report it. I would now of course, if I spotted it, but that's with experience of what a leak means. I'm also extremely short sighted so probably wouldn't spot a leak unless I was inches away from the pipe.

Was there a gas safe inspection recently? When was the last one.

Rather than blaming the tenant, I am wondering if the boiler wasn't properly maintained.

franklee

Is it a gas boiler? If so has it had an annual gas safety inspection and the certificate given to you. That's a date on which there was no leak or no signs of trouble so how long ago was that?