Damage to my property via leak - is landlord liable?

Doowy62 · 7 November 2012 at 1:51PM

My boiler has been playing up for a few weeks with intermittent hot and cold water, although more cold than hot. Landlord has changed the thermistor and diaphragm but problem still carried on. He didnt come out to fix it again until a pipe burst and flooded the kitchen, including all of my coats and towels. I was out when the landlord came to repair, but he used one of MY bath towels as a dust sheet when he pulled the plaster board down from the ceiling, then wiped up the mess off the floor with it. I didnt know and put htis towel in my brand spanking new washing machine, which now, full of plaster, wont work. The landlord apologised but said he was doing me a favour by tidying up. Can he be held liable for the damage to my coats and washing machine?

Also, he enters the property without notice, last time whilst I was in bed.

In the 4 years I have lived there I have seen no evidence of a gas safety check.

I have had no tenancy agreement for 2 years. I will be leaving shortly but am worried for my deposit.

Please help:mad:

AlexMac · 8 November 2012 at 9:24AM

If you re-post this on the separate 'House buying, renting & selling' forum you'll probably get constructive, or at least, sympathetic replies. And if you search that forum, you'll see many earlier similar posts and advice. Good luck- I'm shocked- I'd never treat my tenant the way you've been..

CAB_National_Representative · 8 November 2012 at 11:45AM

Doowy62 wrote: »

My boiler has been playing up for a few weeks with intermittent hot and cold water, although more cold than hot. Landlord has changed the thermistor and diaphragm but problem still carried on. He didnt come out to fix it again until a pipe burst and flooded the kitchen, including all of my coats and towels. I was out when the landlord came to repair, but he used one of MY bath towels as a dust sheet when he pulled the plaster board down from the ceiling, then wiped up the mess off the floor with it. I didnt know and put htis towel in my brand spanking new washing machine, which now, full of plaster, wont work. The landlord apologised but said he was doing me a favour by tidying up. Can he be held liable for the damage to my coats and washing machine?

Also, he enters the property without notice, last time whilst I was in bed.

In the 4 years I have lived there I have seen no evidence of a gas safety check.

I have had no tenancy agreement for 2 years. I will be leaving shortly but am worried for my deposit.

Please help:mad:

Hi Doowy62 - we've got information on tenancy agreements and landlords' responsibilities on our Adviceguide website, which is worth reading through. As you'll see, a tenancy agreement doesn't have to be in writing and both sides have rights and responsibilities under the law. We'd recommend that you contact your local bureau for further advice on this, and to see what the best next steps would be.

Fire_Fox · 10 November 2012 at 8:41PM

Have you never had a tenancy agreement? If not you are still in a verbal assured shorthold tenancy. If you have signed an AST where the fixed term expired that is still valid and you are now on a statutory periodic tenancy.

If you have no gas safety certificate contact Environmental Health at the local council or the Health and Safety Executive. Is your damage deposit lodged with one of the three schemes as per the legislation? Do you have written evidence of having reported ongoing problems with the plumbing before the burst pipe?

Your landlord may not be liable for the water damage if it was accidental not negligent, you should have contents insurance to cover accidental damage to your property. He is liable for breaking your washing machine, write a letter before action (templates online).

Damage to my property via leak - is landlord liable?

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