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Lodger flooded 2nd floor bathroom of flats

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Comments

  • someanonbloke
    someanonbloke Posts: 233 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    3: tough, if you have insurance. Use it. A judge will just award your excess in any case, should you be successful- it’s called mitigating your loss.

    Sorry, I don't understand that.
  • aneary
    aneary Posts: 921 Forumite
    someanonbloke wrote: »
    Sorry, I don't understand that.

    Do you actually have any insurance?
  • LEJC
    LEJC Posts: 9,618 Forumite
    someanonbloke wrote: »
    Well, the rental contract for the property is in my name and I let the rooms to people and the owner/landlord knows this.
    So you sublet the property you rent with your LL's consent .....

    What has your LL said in relation to the damage/claim....are they aware and how do they suggest you go forward?
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    someanonbloke wrote: »
    I don't want to claim off the insurance as my premium will go up.
    But surely this is exactly the sort of thing insurance is for? Can't you claim on your insurance and let them go after your lodger for the costs?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    someanonbloke wrote: »
    Well, the rental contract for the property is in my name and I let the rooms to people and the owner/landlord knows this.
    You are a tenant, a leaseholder is typically someone who 'owns' a leasehold property.
    someanonbloke wrote: »
    Sorry, I don't understand that.
    You are required by the courts to mitigate any loss. IE you cant just get an expensive quote and get lodger to pay for it. You have insurance, so that would be the cheapest way for you to sort it.
  • someanonbloke
    someanonbloke Posts: 233 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    You are required by the courts to mitigate any loss.
    Can't you claim on your insurance and let them go after your lodger for the costs?

    OK, so when I report to the owner/landlord, that's the 'due process' in a small claims court?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    someanonbloke wrote: »
    OK, so when I report to the owner/landlord, that's the 'due process' in a small claims court?
    For goodness sake.


    I'm almost done with this, because unfortunately you are dragging things out.


    YOU, SAB, are claiming a loss from your lodger. BUT you don't know what the loss is, or even if it is YOUR loss.


    The LL may decide to just claim of the insurance and not pursue further. Then you have no claim.
  • aneary
    aneary Posts: 921 Forumite
    someanonbloke wrote: »
    OK, so when I report to the owner/landlord, that's the 'due process' in a small claims court?

    Only if the 'costs' (which should just be your excess) is larger than their deposit.

    You will need to pay the LL and then take the lodger to court as your contract is the LL and the lodger's contract is with you.
  • LEJC
    LEJC Posts: 9,618 Forumite
    edited 24 October 2017 at 2:33PM
    I'm out.......!

    Good luck going forward guys.
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • someanonbloke
    someanonbloke Posts: 233 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    Can't you claim on your insurance and let them go after your lodger for the costs?

    So the implication here is that I'm entitled to withhold the deposit when the person leaves..?
This discussion has been closed.
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