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Lodger flooded 2nd floor bathroom of flats

Hi, I live in a 2nd floor flat.

I let rooms to lodgers and I organise the contract accordingly. So there is no ambiguity over their 'status'.

Recently, a lodger flooded the bathroom and water was spilling down to the flat below which has obviously damaged the floor and ceiling.

Obviously, the lodger is liable here and so the costs for repair should be passed on to them.

What is the legal process to claim damages from the lodger? Thanks.
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hi, I live in a 2nd floor flat.

    I let rooms to lodgers and I organise the contract accordingly. So there is no ambiguity over their 'status'. - Oh this is worrying. There's no ambiguity, as long as you live there. So what exactly did you put?

    Recently, a lodger flooded the bathroom and water was spilling down to the flat below which has obviously damaged the floor and ceiling. - how did they flood it?

    Obviously, the lodger is liable here and so the costs for repair should be passed on to them. - possibly.

    What is the legal process to claim damages from the lodger? Thanks.
    The same as any other person you think is negligent? Presumably you have a deposit?


    DO NOT try to levy goods against the damage.
  • DO NOT try to levy goods against the damage.

    No, I'm not doing that but obviously the costs of damage to the floor and ceiling will far exceed the deposit.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, I'm not doing that but obviously the costs of damage to the floor and ceiling will far exceed the deposit.

    Presumably you have insurance?


    I'm still not sure why the lodger is liable - he or she might be, but simply using the bathroom isn't enough to make it so
  • I'm still not sure why the lodger is liable - he or she might be, but simply using the bathroom isn't enough to make it so

    Their negligent actions led to the problem.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Their negligent actions led to the problem.

    Right well if you aren't going to share what could be important information, then how do you expect to get accurate answers?


    What was negligent about their actions?
  • aneary
    aneary Posts: 921 Forumite
    Claim off your insurance that's what it's there for.
  • What was negligent about their actions?

    They left the bath running and it overflowed.
  • LEJC
    LEJC Posts: 9,618 Forumite
    edited 24 October 2017 at 1:44PM
    Clearly the OP perceives there to be a problem going forward with this claim....

    surely if the lodger had caused the damage they would be holding their hands up and happy to pay for the repairs....hence the question over legal action isn't required.

    or there could be a claim on the contents/buildings insurance ....

    OP you may need to explain the circumstances a little more in detail before you can be given advice on the way forward.

    what damage did they cause....what are you claiming and what are they disputing?
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Just a quick look at the OPs background, they're a tenant I think. So unlikely to have access to either the communal buildings insurance, nor their own policy.
  • aneary
    aneary Posts: 921 Forumite
    They left the bath running and it overflowed.

    That's an accident.

    Again claim off your insurance.
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