Landlord didn't consult me for the costs of the repairs

Alexandra93

Hello,

I am a tenant and with a classic shorthold tenancy agreement. I was responsible, by accident, for some damages to the flat below. The landlord, who owns the two flats, sent me a large bill one month later.
I believe that the repairs could have be done for a much smaller bill.. Should he not have consulted me first? I tend to think that I should have been involved in the process and that he should have shown me several quotes.
What do you think? Does not the landlord have to act "reasonably"?

Regards
Alex

Cakeguts

He had to repair the flat down below as quickly as possible for the person who lives there. He doesn't have time to get several quotes.

If you don't want to be charged for this don't accidentally damage other people's homes. The flat downstairs might belong to the landlord but it is the tenant's home and they don't deserve to live in your accidental damage while the landlord tries to get the cheapest quote for you.

mrginge

Alexandra93 wrote: »

...I believe that the repairs could have be done for a much smaller bill..
Should he not have consulted me first? I tend to think that I should have been involved in the process and that he should have shown me several quotes.
What do you think? Does not the landlord have to act "reasonably"?

Regards
Alex

What was the damage, how much was the bill and how much do you think it should have been?

theartfullodger

I'd think about paying what you consider reasonable, see if he sues for the rest.

G_M

I shall refrain from advising until you answer the 3 Qs raised by mrginge, plus 'how did you cause the damage?'

anselld

G_M wrote: »

I shall refrain from advising until you answer the 3 Qs raised by mrginge, plus 'how did you cause the damage?'

Presumably the flushable wet wipes debacle ...
https://forums.moneysavingexpert.com/discussion/5636252

illusionek

I dont think it is a straightforward situation since you did not damage the flat you are renting. Does your contract say anything about this type of scenario? If not you would need to actually check what is your responsability as a tenant.

I am under impression your landlord should have insurance in place for situation like this.

Alexandra93

G_M wrote: »

I shall refrain from advising until you answer the 3 Qs raised by mrginge, plus 'how did you cause the damage?'

Thank you G_M.
The damage was caused because of water leaks coming from my drain. And the drain was blocked because I have been flusing some flushable wet wipes which turned out to be not so fluchable.
The bill is around £5,000. I believe another company could have done the repairs for £2,500.

Cakeguts wrote: »

He had to repair the flat down below as quickly as possible for the person who lives there. He doesn't have time to get several quotes.

If you don't want to be charged for this don't accidentally damage other people's homes. The flat downstairs might belong to the landlord but it is the tenant's home and they don't deserve to live in your accidental damage while the landlord tries to get the cheapest quote for you.

I believe you don't totally understand the word "accident" Cakeguts . You read me a bit too fast. I didn't say that I didn't want to be charged, I am just challenging the amount. The question behind is "Can a landlord act "unreasonably" and spend all the money he wants because a tenant did some damages?"
And the flat below was empty btw.

parking_question_chap

Only way is to read your contract. Given the bill is £5,000 might be worth paying for legal advice.

What was the damage?

Wanderingpomm

He should have insurance for this. He shouldn't make you pay as you haven't been negligent. If the packet says flushable then you were reasonable to assume they were.

He wouldn't win in court

eddddy

Looking at your previous thread...

In legal terms, it looks like your landlord is making a claim against you for negligence (and he is claiming his consequential losses).

You probably weren't negligent if you followed the instructions on the flushable wet-wipes pack, and it caused a blockage. (In that case, it's more likely that the wet-wipes manufacturer was negligent.)


But it seems your landlord told you to stop doing it, because it was blocking the drain. Your landlord believes you continued doing it.

- If you really did continue doing it, you were almost certainly negligent.

- If you didn't continue doing it, you probably weren't negligent.

- If you weren't negligent, you don't have to pay damages.

- if you were negligent, you have to pay damages, but the landlord has a duty to mitigate the losses. (i.e. The landlord should keep the losses as low as reasonably possible. That includes using 'reasonably' priced tradesmen to repair the damage.)