Who is at fault?

Sav8499

We have been renting a first floor flat for 2 1/2 years with no problems. Last week our downstairs neighbour showed us some huge, quite serious patches of damp which have appeared on the ceiling of several rooms in her flat. We pulled back the carpet above where the damp patches are, but the floor is concrete and we could not see anything. We have had no floods, nothing is leaking as far as we can see, the boiler does not appear to have any problems. Now, a contition of our tenancy is that we have home contents insurance, but nothing else. If this dampness is the result of a slow leak or a fault somewhere on the premises, would it be our responsibility to pay for the damage? We also foud out that the flat downsairs was flooded from ours before we moved in, and the damage was in the same places. (which we were never advised about before we moved in). I described the damage to the plumber over the phone, he said it could be something as simple as the seal around the shower leaking. Would we be at fault here?

kunekune

Thinking logically, I can't see how you would be at fault - your LL will have building insurance, and that is what this would come under, if it is covered by insurance at all. But if it isn't covered by insurance, that's your LL's problem. The only way in which there could be an issue for you would be if you ignored obvious signs of a problem, thus making it worse.

tbs624

By law the LL must keep all installations for the supply of water, gas, electricity, and sanitation plus installations for space heating/heating watern in good repair and working order. This covers things like water tanks/cisterns , radiators, boilers, heating ducts & pipework (gas/water) at the property.

However, you also have an obligation as a Tenant to report any problems that may have arisen from any of these items, within a reasonable time of becoming aware of them so you do need to be talking to to the LL . Always notify possible repairs issues to the LL and/or LA in writing, keeping a copy for yourself: if your first contact is by phone then write confirming the contents of the phone call.

On a slightly separate, but related, note, a LL requiring a Tenant to take out insurance ought to be aware that this is likely to be classed as an Unfair Contract Term -the LL should inform that the Tenant that the LL's insurance does not cover the Tenants belongings and merely “advise” that the Tenant should take out their own insurance.

dannyboycey

If the patches are confined to corners. it could be a guttering / window problem.

Colsintrouble

The Lease relating to the landlords Flat is between the The Freeholder and your landlord. In that lease there will be covenants (i.e legal promises, which your landlord and the freeholder agrees to be bound by).

Now service media (i.e the cables, wires and pipes) will be the responsibility of either the freeholder or your landlord.

In relation to your Assured Shorthold Tenancy, you must refer to your lease as it is a contract and contains the constituent elements of the agreement between you and your landlord.

So to simplify this, the first situation to check is whether the freeholder of the block of flats is liable for repairs, under the head lease. Then you need to look at your Assusred Shorthold Tenancy.

Even if Your assured Shorthold Tenancy does state that maintenance of service media is your responsibility then you may still be able to challenge it under the Unfair Contract Terms Act 1977.

The important thing for you to do is to take your Assured Shorthold Tenancy to citizens advice and ask them to look at it for you.

Hope this helps!

tbs624

Colsintrouble wrote: »

So to simplify this, the first situation to check is whether the freeholder of the block of flats is liable for repairs, under the head lease. Then you need to look at your Assusred Shorthold Tenancy.

If the Tenant is on an AST checking out any Head Lease is unlikely to be the Tenant's responsibility. The Tenant merely needs to notify his own LL and take it from there.

Debt_Free_Chick

Agree - tenant should tell the LL.

But if I were the tenant, I would also tell the neighbour that they need to deal directly with the LL. I wouldn't want to be piggy in the middle of this!