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to feel the landlord is being unreasonable?

(132 Posts)
Yolo89 Fri 22-Mar-19 17:28:57

So my husband left the tap running and the sink overflow failed, causing water to leak two floors below. They came and without really looking told us that the sink overglow was blocked. It isnt and there is no way they could know unless they took apart the sink. Now they are trying to charge us £500 for repairs for the leak in two flats.

There could be old leak damage from the boiler leaking too - how wpuld we know what is what?

They are also only giving us 14 dats to pay.

please help - what are my rights?

Qhen the boiler in the flat above leaked, they never came and fixed the leak damage.

Thet also tried to make us pay for our boiler when it leaked even though i found out it was defective. Funnily when I brought it up they never mentioned again.

Hence there is no trust

KitKat1985 Fri 22-Mar-19 17:31:48

Hmm, if your husband caused the damage by not turning the tap off then I think you should pay for the repairs. Sorry.

They shouldn't have made you pay for the leak damage in the defective boiler though.

HarrysOwl Fri 22-Mar-19 17:31:54

So my husband left the tap running

Long enough that water then leaked two floors below - jeeze how long did he leave it running for?!

Your fault, your responsibility to pay.

ScarletBitch Fri 22-Mar-19 17:32:16

Your husband is at fault but your landlord should be able to claim off his insurance. I would go speak to CAB, but please bare in mind the damage to the property below caused by your DH forgetfulness.

WhatToDoAboutWailmerGoneRogue Fri 22-Mar-19 17:33:40

YABVU. Your husband was careless and irresponsible; he’s caused a lot of damage and you need to pay to fix it.

sewingismyhobby Fri 22-Mar-19 17:34:02

Seek proper legal advice via an organisation like Shelter or CAB, rather than rely on well meaning nonsense replies on here.

NorthernSpirit Fri 22-Mar-19 17:34:15

2 issues here - on going repairs (which the landlord is responsible for) and the damage your actions have caused. Separate them.

On going repairs - write formally (email or recordered delivery letter stating what needs to be done and ask for a response).

The damage you’ve caused. Your husband left a rap running and it caused water to damage 2 floors below. It must of been running for sometime.

Why do you think the landlord is responsible for paying for the damage you have caused?

Yolo89 Fri 22-Mar-19 17:34:56

but they are stating the reason.was because the sink was blocked which is untrue

we did not pay for the boiler

these people are cowboys - hiw can.they prove it tpok 500 to repair?

Oysterbabe Fri 22-Mar-19 17:35:04

It's your husband's fault so you should pay.

Peghi Fri 22-Mar-19 17:39:25

I was flooded by my neighbour two floors above. I had to claim on my own policy and the group buildings policy. I would query why this isnt happening. Presumably you should pay your excess for your own flat, but query the others and the wording of the policy.

Purpleartichoke Fri 22-Mar-19 17:39:47

How was the sink blocked? Are they saying you are responsible for the blocked sink. That is the part I don’t understand.

MyKingdomForACaramel Fri 22-Mar-19 17:50:50

This sort of thing is surely covered by insurance - not sure if your content or your landlords buildings... but must be

honeylulu Fri 22-Mar-19 18:02:21

Check your lease and Google "Mark Rowlands clause". In short if tenant contributes to the buildings insurance premium (might be called "insurance rent" in the lease) then tenant is an interested party for that policy and landlord has no subrogated right of recovery. (Must be only negligent though, not deliberate or reckless.) Even if the landlord hasn't put the insurance in place, but was meant to under its covenants in the Jesse, the effect is the same.

Disclaimer: I'm an insurance law lawyer.

honeylulu Fri 22-Mar-19 18:03:27

Lease not Jesse! Who is Jesse?

ReadMyLipss Fri 22-Mar-19 18:12:03

So I assume you lied to the landlord by claiming that you didn't know what caused the leak, and that's why they think it might be a faulty overflow? Even though you know full well what caused the leak?

Yolo89 Fri 22-Mar-19 18:24:36

No my husband told them.he had the tap running. So no lie involved.

But they have stated as fact tbat it was causes by a blocked sinl which is untrue or was not looked at to see if true.

There waa another ussue wirh the sink thet fixed only 3 months prior pulling it apart surely it would have been mentioned if it was then?? There are lots of reasons tye sink overfow can fail

thanks for the advice all.

honey - is payment within 14 days reasonable? we need time to seek legal advice

cricketballs3 Fri 22-Mar-19 18:26:01

If the sink wasn't blocked then there would have been no leak as the overflow would have done its job wouldn't it?

Yolo89 Fri 22-Mar-19 18:27:28

purple yes they are saying the sink is blocked or could they mean the overflow was blocked. either way nothing was blocked

the maintenance guy was almost snilimg in.gleee wgen he cane over to accuse us lije he has before with the faulty boiler

OftenHangry Fri 22-Mar-19 18:27:41

It must have been blocked somehow if sink overflowed. How else could that happen?

Yolo89 Fri 22-Mar-19 18:34:08

cricket - yes that is my point.
so they first said it was categorically due to a blockage. When I sad there was no prtof, they stated that even if there was not a blockage the overflow only helps a trickle of water not an overflowing sinlk with tap running at more than a trickle - is this correct or not?

LovingLola Fri 22-Mar-19 18:35:21

How did the overflow fail ?

Yolo89 Fri 22-Mar-19 18:40:55

The sink overflow failed as it did not oveflow to where it should have and therefore spilled over the sink and caused the leak.

The property leaks so easily. It is a new build in an.old building

Yolo89 Fri 22-Mar-19 18:42:39

Often - a sink ovrrfliw can fail if there is a hole in the pipe or for other reasons. They did nkt take it apart and advised us not to do it

HarrysOwl Fri 22-Mar-19 18:43:53

If the volume and force of water coming from the tap outweighs the water escaping through the overflow then yes, it can still cause the sink to fill and leak over the sink.

A blocked overflow will mean a blocked sink. Which sink in the house was it OP? I'm guessing kitchen?

Yolo89 Fri 22-Mar-19 18:44:54

excuse typos!! It is Friday!

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