Leak Damage

[OllieN]

I'm not sure if this is the right forum for this but it's kind of plumbing related so someone may know the answer so here we go...

My Fiance's sister has had a leak from her flat which has then caused damage to flats below her in the building. Her landlord hasn't got an accidental damage component to his buildings insurance and so is saying that she is liable. My gut feel is that it is the landlords decision as to whether he wants to risk not including accidental damage and as he is responsible for the fabric of the building he is liable and is just trying it on! Does anyone have any experience or views on this (I accept that no-one here is likely to be a solicitor and so the true legal view may not be given here -discalaimer disclaimer etc. - I'm just seeing if anyone has any real world experience of such an issue).

Thanks

 

[ChrisR]

It can depend on the terms of the letting - is there a detailed contract? From what I've repaired, it's only on really old tenancies where the agreement said that plumbing was the tenants' responsibility.
For all the reasonably recent (several years at least) ones the plumbing, and therefore leaks fom it, is the landlord's responsibility.

Unless say it was an overflowing bath which caused the damage (negligence on the part of the tenant)...

Sounds like the landlord is trying it on - perhaps a call to a CAB would clarify.

 

[Agile]

I can give you much better advice but I do need to know a lot more details!

Chris assumed this is a rented flat whereas I have assumed its a purchased leasehold flat! That needs to be clarified!

If its a rented flat then the tenant is legally liable if the leak was in any way their responsibility but in practice the Landlord has to take the responsibility. Tell us what caused the leak.

How many flats on how many floors were damaged?

If its leasehold and the landlord places the insurance and DOES not give the leaseholder a copy or discuss the limitations then he could still be responsible because he has a duty of care to arrange suitable insurance. Tell me about this.

Most leases say nothing at all about leaks so its left to common law or other landlord/tennant or property law.

Answer each question and I will give more answers!

Tony

 

[OllieN]

Sorry I don't know a huge amount of the details as her family are looking into it and I haven't had the full low down. I'm just trying to help if I can without seeming to intrude too much

Chris assumed this is a rented flat whereas I have assumed its a purchased leasehold flat! That needs to be clarified!

It is a purchased leasehold flat

Tell us what caused the leak.

It was a tap overflowing - not sure if it was a faulty tap or left running

How many flats on how many floors were damaged?

I think the main damage was to a shop on the ground floor but possibly the flat below also. The damage I believe is to ceilings rather than contents.

If its leasehold and the landlord places the insurance and DOES not give the leaseholder a copy or discuss the limitations then he could still be responsible because he has a duty of care to arrange suitable insurance. Tell me about this.

I think a copy of the insurance was made available as the solicitors required it for the sale.

Sorry I can't give more concrete answers at the moment

 

[Static]

Purchased leasehold is all her responisibility, she is responsible to get accidental insurance etc