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View Full Version : Compensating a Neighbouring Landlord.



pjo68
08-03-2009, 13:36 PM
I have had the misfortune of having a leak from our flat cause minor damage to the flat below. There have been 3 incidents over a year long period, caused by 2 separate problems, both of which have been resolved quickly and could not reasonably have been predicted or prevented ahead of time. The tenants of the flat below have not renewed their lease and the landlord is now saying that I, as landlord, am to blame because of the leaks. Should I worry that he will try and ask for compensation of his lost rents or am I right in thinking that I have been entirely reasonable in my actions?

mind the gap
08-03-2009, 16:19 PM
I have had the misfortune of having a leak from our flat cause minor damage to the flat below. There have been 3 incidents over a year long period, caused by 2 separate problems, both of which have been resolved quickly and could not reasonably have been predicted or prevented ahead of time. The tenants of the flat below have not renewed their lease and the landlord is now saying that I, as landlord, am to blame because of the leaks. Should I worry that he will try and ask for compensation of his lost rents or am I right in thinking that I have been entirely reasonable in my actions?

I am not an expert but I agree that you have been reasonable and that your liablity should be limited to the repair of the damage cause by the leak. Assuming you have effected the repairs to her ceilings, how disruptive was that for her tenants?

I think the LL is being very optimistic, as she would presumbaly have to demonstrate objectively that the leaks had caused her financial loss. Her claims are at best speculative and I doubt you have anything to worry about.

If you could tell us more about the cause of the leaks and what you did about them and when, it might help to establish more definitively where your liability ends.

fletchj
08-03-2009, 18:14 PM
If any of leaks have resulted in an insurance claim and/or if you have liability insurance as part of your landlord or buildings insurance, simply write back to the owner of the lower flat copying the insurance company saying that he should address all correspondance to them - do NOT comment on or accept liabilty on any way - to be certain don't even mention the circumstances at all. This should pretty clearly come under liability cover.

The insurance claims dept. will know weather his claim has merit and pay it if it is due - if not they can fight it and have the legal backing to do so.

pjo68
08-03-2009, 18:20 PM
The first problem was from faulty plumbing in the bathroom, and was attended to by a plumber. The next 2 were caused by a washing machine. We had recently had the machine serviced and it leaked apparently from my tenant catching the seal when they loaded their washing. The 2nd time we haven't diagnosed the problem, we have just got on a replaced the machine, conscious that we needed to act to prevent any repeat.

mind the gap
08-03-2009, 18:31 PM
The first problem was from faulty plumbing in the bathroom, and was attended to by a plumber. The next 2 were caused by a washing machine. We had recently had the machine serviced and it leaked apparently from my tenant catching the seal when they loaded their washing. The 2nd time we haven't diagnosed the problem, we have just got on a replaced the machine, conscious that we needed to act to prevent any repeat.


And have the repairs been the subject of an insurance claim?
Did you have to have her ceiling replaced, or what?

pjo68
08-03-2009, 20:21 PM
The damage has been fairly limited, just repainting and no structural damage. As far as we know the other L claimed on their own insurance for the first incident, and we heard nothing from the insurers. I have paid for the decoration and repairs independantly for the last 2 occasions. The costs have been so low for the repairs it has been practical to avoid increasing the premium and paying an excess greater than the repair costs. We have been given no specific detail on inconvenience caused to the Ts and the repairs appear to have been entirely satisfactory.

I am happy to make good damage caused but what liability may I be pushed into for 'lost tenants'?

mind the gap
08-03-2009, 20:28 PM
The damage has been fairly limited, just repainting and no structural damage. As far as we know the other L claimed on their own insurance for the first incident, and we heard nothing from the insurers. I have paid for the decoration and repairs independantly for the last 2 occasions. The costs have been so low for the repairs it has been practical to avoid increasing the premium and paying an excess greater than the repair costs. We have been given no specific detail on inconvenience caused to the Ts and the repairs appear to have been entirely satisfactory.

I am happy to make good damage caused but what liability may I be pushed into for 'lost tenants'?

I would think none whatsoever! It's not as if the flippin' ceiling fell in on her precious tenants, is it?

Anyone disagree?