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Lodger flooded 2nd floor bathroom of flats
Comments
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If there isnt an overflow, or its not working properly, thats not the fault of the lodger so they could dispute you withholding the deposit.
If taps are on full, the overflow won't handle excess pressure.0 -
someanonbloke wrote: »Comms69
Your entire attitude is that essentially it's all my fault and I should suck it up. It almost feels like you've got an axe to grind. I've stated the situation as honestly as possible but you go on the offensive. I wonder what I'm not seeing here and what you're hiding behind that computer screen.
No it isn't your fault but people who act as landlords but don't know what they're doing don't get much of a pass here. You are in a position of responsibility and power over your tenant/lodger's home, so in all aspects (here and in law) you are expected to be the one who has learned the rules in advance, abide by them and act professionally. This may include dealing with things that come up in the course of your (sub)letting business that you'd rather not deal with, but this is often the way in business.
You need to speak to your landlord and decide which of two things is happening here:
1. Your landlord claims off his insurance. If there is an excess, he passes that cost on to you (you can pay him now or it will come out of your deposit). You can pass that cost on to your lodger (same thing, he pays you now or it comes out of his deposit).
2. Your landlord asks you to claim off your insurance. If there is an excess, again you can pass that on to your lodger.
What cannot legally happen is that you just say you don't want to claim on your insurance so you ask your lodger to pay for the whole thing.
If the repair costs £1,000 but your insurance would have covered £900 with a £100 excess, even if you went to court the judge would tell you that a reasonable person would have made the insurance claim to reduce costs to everyone (this is what people mean by "mitigate your loss") so the maximum they'd award you would be the £100 excess. You cannot claim more than this from your lodger.0 -
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someanonbloke wrote: »And how are they going to find in the small claims court when I describe all the circumstances?
I'm out but happy to help your lodger out!!0 -
No it isn't your fault but people who act as landlords but don't know what they're doing don't get much of a pass here.
You're right, I should have pre-empted the lodger flooding the bathroom and been waiting outside the bathroom at the exact time the lodger used it negligently.0 -
I'm out but happy to help your lodger out!!
Why are you so certain the small claims court won't find in my favour i.e. that withholding the deposit is reasonable in the circumstances?0 -
It's down to the leaseholder of the flat that has been damaged to make a claim through the communal building insurance policy and/or their own contents insurance. The insurer(s) will then decide whether to pay out or pursue a third party. Until you have actually suffered a financial loss there is nothing to deduct from the lodger's deposit.0
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Wow!
I'm glad I've been out all day and missed all this till now.
I'm going to hold fire and respond when the lodger posts here for advice......
:beer:0 -
someanonbloke wrote: »If taps are on full, the overflow won't handle excess pressure.
it is entirely unreasonable as it wasn't intentional and accidental damage should be covered on your tenants insurance. You are a landlord and should act as such0
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