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View Full Version : Burst pipe - whos responsibility when it is a company?



Newtothegame
04-01-2011, 21:01 PM
Hi
Realise this is a bit similar to other posts but it is a little different.
I lease a house to an agent (ltd company) who then allow someone corporate to let it with them. My TA is between myself and the ltd co.
Over christmas the tenant went away and turned the heating off and did not turn off the water. Subsequently 2 pipes in the kitchen burst and 2 in the loft. Two wooden floors are ruined / lifted and will have to be replaced, and the bathroom ceiling repaired.
I had a plumber go out on monday and do the repairs.
The ltd co said it is his fault. Then left me a voicemail saying i should put it through my house ins, they will pay the xs and then the ins premium increase for the 1st yr.
In the lease agreement it has various points -
- 'not to do anything or allow anything to be done which might invalidate any insuarnce of the premises or its contents or increase the insurance premiums'
- 'not to leave the premises unoccupied without maintaining a reasonable level of heating in order to prevent frost damage to the domestic hot water and central heating system'

How do i stand? are the ltd company responsible for the damage and the repairs as it is stated in lease, or do i need to use my insurance?
Appreciate all help!
:confused:

Snorkerz
05-01-2011, 10:19 AM
Is the agreement between yourself and the agency a tenancy agreement or an agency agreement?

jeffrey
05-01-2011, 15:36 PM
Is the agreement between yourself and the agency a tenancy agreement or an agency agreement?
Post #1 does state that My TA is between myself and the ltd co..
So L lets to limited company which then sublets. No Agency Agreement arises in that case.

Snorkerz
05-01-2011, 17:01 PM
IMHO the tenant can not be proven to have done anything wrong in so far as it is likely that their turning off of the heating caused the burst, but proving it is near-impossible. How can we prove that if the tenant had left low heating on, the pipe would still not have burst - considering the extreme conditions we have endured over Christmas?

I think this is one for your insurance (presuming you have it) and let them decide if it is worth pursuing the agency or their tenant.

thesaint
05-01-2011, 17:23 PM
Contact your insurance company with the details of your lease.

Newtothegame
07-01-2011, 11:05 AM
Thanks - contacting insurance co today. i presume they decide if they want to chase them based on the lease then?

Always Problems
07-01-2011, 11:23 AM
You need a Chartered Loss Assessor. The tenant has accepted liability (but they can change their mind) and says that you can make a claim off your Insurance Company. That's nice of them. At this moment in time you should act as if you are not insured. A letter goes off to the tenant holding them responsible for all repairs and out of pocket expenses. You point out that you may be insured and that you will be attempting to claim but any shortfall should your Insurance Company refuse or reduce the amount claimed against the cost of your repairs will be charged directly to them. A Loss Assessor will argue your case for you against the Insurance Companies appointed Loss Adjuster whose purpose in life is to reduce your claim or throw it out, (this is all they do and they are very good at it) better than you will be able to. So get a professional yourself.