Help! Damages due to disrepair

Mikeflaks

Hi All

In January 2016 we moved into a flat on an assured short-hold tenancy.

In June 2016 the property lost a considerable amount of hot water pressure which the landlord confirmed was due to a faulty boiler.

The pressure problems meant that both showers were unusable (meaning we could only wash by running a very very long bath) and that hot water could only be supplied to one tap at a time (if the hot water tap was being used in the kitchen, then no hot water would come out of the tap in the bathrooms, and vice versa).

It took almost 12 weeks for a plumber to come and replace the boiler (and restore adequate hot water pressure to the property), and a few days before the repair was completed, a minor flood occurred in the kitchen as a result of there being no water pressure (I turned the hot water tap on in the kitchen but no water came out as someone was running a bath in the other room, I thought I had turned it off…but then water started flowing out of the tap after I had left the room).

The landlord is now saying that the flood is my fault and that I must pay around £500 for repairs.

Now. I consider myself to be a fair and reasonable person, and if the flood had occurred as a result of me leaving a running tap on – I would be happy to pay the damages.

However in my opinion this flood occurred as a result of the landlords failure to repair boiler and restore water pressure in a reasonable time (since the replacement of the boiler more than one hot water tap can be used at a time). As a tenant I feel it is reasonable to expect hot water when turning the hot water tap on (and not to have to be constantly vigilant in case someone is using hot water in another room, and my actions may cause a flood).

It is my understanding that the landlord should “keep in repair and proper working order the installations in the dwelling-house for the supply of hot water”, and that any repairs should be conducted in a “reasonable time”.

I would be interested in hearing your thoughts on whether it is justified to bill me for damages caused in the above case (given that it took 3 months to rectify the problem which led to the flood)?

Pixie5740

When I needed my boiler replace it took some companies more than 3 months just to get back to me with a quote so whilst on the long side it's not totally unreasonable. You could have washed my boiling the kettle and having a flannel wash at the sink (I know because this is what I had to do.).

You did go away leaving the tap open which was negligent. Whether or not £500 for repairs is reasonable I don't know. What exactly was damaged when you left the tap open?

Wanderingpomm

You left the tap open, caused damage and so are liable.
you could easily have turned it off when it wasn't working but didn't.

12 weeks isn't a long time to get someone to replace a boiler. Yes its irritating but you can only got on a plumbers schedule.

Mikeflaks

Thanks for response

Just the wooden boards at the base of the cupboards became waterlogged.

Three months seems like a long time to be without sufficient water pressure, but maybe that's just me...

ALIBOBSY

I think you could argue that both of you have some responsibility for the flood, perhaps offer to go halves on that basis?

Ali x

ALIBOBSY

Mikeflaks wrote: »

Thanks for response

Just the wooden boards at the base of the cupboards became waterlogged.

Three months seems like a long time to be without sufficient water pressure, but maybe that's just me...

If its just the kickboards should be nowhere near £500 to sort out, ask for a full breakdown

Ali x

[Deleted User]

To be fair to the OP, 12 weeks with a hot water fault is in my opinion unacceptable when rent is being paid.

Some culpability maybe, but the landlord should have got his finger out and done something sooner.

Mikeflaks

Yes it's just the kickerboards.

Also, no attempt was made by the landlord to arrange for a plumber in the first 4 weeks (as he wanted get the parts himself rather than pay the plumber to do so). Plumber only called me after 8 weeks to schedule a date to replace (when landlord realised parts were too expensive)

Rent was £1200 a month for a 2 bedroom

G_M

I fail to see how the time taken to complete the repair has anything to do with the damage caused by the tap being left open.

So in assessing calpability for the damage, the 12 weeks is irrelavant.

You were clearly well aware that there was a boiler fault. Indeed you had had 12 weeks (hmm - on 2nd thoughts it IS relavant!) to get used to the limitations of the boiler and the implications of running 2 taps at once. So clearly you were responsible for the water damage,

£500 for kickerboards seems a lot, though I imagine that includes labout too.

I would visit a few bathroom showrooms and find out what similar kickerboards cost.

Returning to the 12 weeks again (apologies for my rash initial response above!) I can understand that new boilers can take time to arrange/fit. Of relevance however, is the fact that you were not without hot water. OK, limited to one tap at a time but that's a minor inconvenience rather than a major issue - you could still have baths, wash dishes etc.

Yes, LL could have acted faster perhaps initially, but he apparantly did respond in the first 4 weeks. Perfectly reasonable to attempt a fix himself first. I often fix things myself if I can.