View Full Version : Who is responsible for cracked bath?
03-05-2007, 16:39 PM
I work for a landlord looking after a high rise block of flats. We have a family living in two flats. Tenancy Agreements were signed for both flats by the mother of the family. Their fixed term tenancies expired in February and are subsequently running on periodic. One of the flats is currently under notice (initiated by the tenants), the other isn't. Two weeks ago the tenants in the flat not under notice reported damage to the bath, we investigated and found that the panel had been partially removed and the bath was indeed cracked. We asked the tenants not to use the bath until the plumber had been however they continued to use it and we now have severe water damage to the flat below theirs. We feel the damage is not normal wear and tear and have asked the tenants to pay for the repairs. They say that they are not on the tenancy agreement and therefore it's not their responsibility. Where do we stand as landlords in this matter?
03-05-2007, 17:30 PM
you are calling them tenants in your post but yet the mother signed the tenancy agreement? so who are they? also how can someone (i.e. the mother) hold 2 different tenancies?
At the end of the day the tenant is responsiblefor the damage which was in effect caused by them continuing to use the bath. Did you put something in writing for them not to use the bath and how long did the contractor take to rectify the works?
The landlord should have insurance and therefore can a claim be made under the block insurance that should be in place? This will cover the damage to the flat below.
If there was a hole in the bath then the landlord is responsible for the repair of this and the damage should be claimed for under the insurance in my opinion.
10-05-2007, 12:55 PM
Thanks for your response. The mother of the family is a tenant of one of the flats - not sure why it was agreed that she would hold tenancy for both flats as we inherited the tenants when we acquired the property.
Tenants in both flats have "mysteriously" disappeared under the cover of night, insurance claims are being processed for the damage so I guess it's a case of problem solved!:o
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