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AIBU?

to feel the landlord is being unreasonable?

131 replies

Yolo89 · 22/03/2019 17:28

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

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Puzzledandpissedoff · 22/03/2019 18:47

they stated that even if there was not a blockage the overflow only helps a trickle of water not an overflowing sink with tap running at more than a trickle

I guess it depends on how big the overflow "hole" is, how fast the tap was running and how long it was left running for ...

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Purpleartichoke · 22/03/2019 18:51

If the overflow malfunctioned, then that would be their fault, not yours. You aren’t responsible for the plumbing. So it makes no sense they are saying the overflow was broken and therefore you are to blame.

It is entirely feasible that the overflow was inadequate to the amount of water. If they could handle any amount, no one would ever overflow a tub or sink, and yet that happens all the time.

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OKBobble · 22/03/2019 18:51

Property doesn't leak. Water does! Your husband caused the leaking by leaving the tap running negligently or recklessly. It is entirely his fault on this occasion and any damage caused by him is indeed payable by him.

The other stuff about the boiler is totally irrelevant to this damage and this incident.

If you can't afford to pay it all in one go then offer to pay by instalments!

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SuchAToDo · 22/03/2019 18:54

Why did your husband leave the tap running, ?..surely it's common sense to turn it off if you are leaving the room

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BluebadgenPIP · 22/03/2019 18:54

But your husband left the tap running?

Have you any insurance?

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Yolo89 · 22/03/2019 18:54

puzzled I don't know..I wasn't in the house when it happened.

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Yolo89 · 22/03/2019 18:55

we have contents insurance

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azulmariposa · 22/03/2019 18:55

The overflow only takes a small amount of water, so if you leave the tap running, even with the overflow clear it would still flood below quite quickly.
Your husband caused the damage, so you should pay.

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Yolo89 · 22/03/2019 18:55

such a - he got a work.call and forgot.

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Yolo89 · 22/03/2019 18:59

purple - so then who is to blame?

They told it is was clear it was caused by a blackage.

When I challenged this, they are now statinf even if it wasnt a blockage, it still wpuld have happened with more than a trickle. So they have sort if back tracked, making me highly suspicious of them.

Where do I go from here? I do not believe it was caused from.a blockage.

Im.so confused!!

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BluebadgenPIP · 22/03/2019 19:01

But the overflow won’t take away water that’s much more then a trickle. This is on your husband.

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GrandmaAli · 22/03/2019 19:01

Cricketballs3, an overflow is quite small and can only allow so much water down at a time, not constant flow from a sink/basin full of water that is constantly flowing.

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HarrysOwl · 22/03/2019 19:01

Legally, the landlord is responsible for all maintainence to the property before you move in. It is up to them to make sure everything is working as it should.

But once you've moved in, any blockages to drains, waste pipes and gullies through misuse will be the tenant's responsibility

It absolutely IS your responsibility to ensure sinks don't get blocked, OP.

Accept that and go from there.

I don't think your issue is whose fault it is. The issue is whether your landlord is acting appropriately. Has he got insurance that covers accidental damage? I'd also be curious as to how your landlord came up with that damage cost. Has he given you a breakdown of costs?

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longearedbat · 22/03/2019 19:01

My brother did this in my house. There is nothing wrong with the sink, just that the overflow couldn't cope with the amount of water pouring into the sink. I think he must have left it running for at least 20 mins and it poured through into the study beneath.( Wandered off and got distracted while waiting for the sink to fill). We had to lift flooring, disconnect wet electrics till they had dried out and do a spot of redecorating, but it wasn't too horrific. Took a while to dry out though.
It is totally your husbands fault. So you will have to fork out. Just one of those things.

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Puzzledandpissedoff · 22/03/2019 19:03

If the overflow malfunctioned, then that would be their fault, not yours

Wouldn't that depend on why it malfunctioned? IME overflows can only do so much, so if the installation was in tatters that would be one thing, and if a tenant allowed it to become blocked that's something else again ... like in a shower for example, which might drain perfectly well but will soon stop if someone forgets to clear hair from the drain cover

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Yolo89 · 22/03/2019 19:04

No breakdown of costs. Just a list ofvwhat was done and a total price. over £500.!!! How do they prove this and what rights do I have?

I saw maintenamce and he was there for 2 hours for 2 days. Does this equate to £500??!!

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NuclearReactor · 22/03/2019 19:04

That's why an overflow is there - to prevent anything from overflowing. The sink was obviously not doing its job by preventing this in this case so needs to be fixed by the landlord. It's an accident, I'm sure the landlord has (should have) insurance to cover this.

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Yolo89 · 22/03/2019 19:06

Harrysowl - any idea how I navigate a true breakdown of costs? They are bloodsucking cowboys snd I dont trust them.at all.

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Yolo89 · 22/03/2019 19:07

long - thanks for this info. very helpful.

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Yolo89 · 22/03/2019 19:08

nuclear- that's what I would have thought too.

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HeadsDownThumbsUpEveryone · 22/03/2019 19:09

The sink was obviously not doing its job

As previous posters have stated the overflow will only work for so long. If water continues to fill the sink and the overflow cannot cope with the amount of water then it will flood.

You might have a point if this had happened whilst washing you hands or for a short amount of time using the sink but I suspect he left the tap running quickly for an extended period whilst he wasn't paying attention to it. In which case it is down to your husbands negligence and your LL is right to be asking you to cover the bill.

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Puzzledandpissedoff · 22/03/2019 19:09

maintenamce ... was there for 2 hours for 2 days. Does this equate to £500??!!

If you mean a total of 4 hours then that sounds about the going rate, bearing in mind materials would have been needed too

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Contraceptionismyfriend · 22/03/2019 19:09

YABU he caused the damage so you have to pay.

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gamerwidow · 22/03/2019 19:19

The overflow will drain a bit of water if you accidentally overfill the basin but it can’t stop a sink from overflowing if the tap is left running.
In this case it is negligence on your part so unfortunately you have to pay. Water damage can be really expensive unfortunately but I would definitely ask for a breakdown of what your 500 is covering so you can see if the costs are reasonable.

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HarrysOwl · 22/03/2019 19:20

You're ignoring the point that this was your fault as tenants, and looking for some sort of loop hole or magic 'right' that doesn't exist.

Your LL given you a list of what was done with a total cost, you need to pay it and if you're unhappy living there with no 'trust' then give your notice and find another rental property.

You could try speaking with him and asking why he's not claiming on his insurance, but that's all I'd suggest in this case.

It's frustrating when tenants feel they can treat the house exactly as they wish, cause damage and then not incur any costs and just blame the landlord.

Your landlord did not leave the tap running. Your DH did.

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