AST: flood from faulty tap, but who's responsible?

[ajs]

Hi there,

I've just joined this forum as I am looking for advice relatign to a AST I have just ended. The story is as follows:

I have been renting the propert for 10 months and recently gave notice that I was planning to move out. I moved all my property to my new address just over 2 weeks before I was due to hand over the keys back to the estate agents.

After approximately 10 days I received a call from the estate agents to say they had been in the property (without calling me for permission) and noticed that there was a leak from the tap where the washer had been removed. The valve was closed but the tap had still leaked.

The estate agents have said they expect me to pay for the plumber to come out and cap off the tap, which as they maintain the property I would expect them to pay for. They also expect me to pay for a carpet cleaning company to come round and vac up the excess water that has flooded the hall and lounge carpet.

I'm not sure how I stand on this legally, as this is resultant of the failed tap should the landlord be responsible for the tap and the carpet cleaning company, or as I had left the property vacant would I be responsible for the carpet cleaning.

Sorry for the long email but I just wanted to explain the whole story.

Cheers

Andy

[whipers]

As a contractor for agents i can tell you that a faulty tap is not your fault and any pipe or tap can burst at any time and this would be the sole responsibilty of the agent not you!

[Grange]

Whipers, I'm not sure it's as clear as that. Whilst the tap may not have worked properly... no leak could occur until OP took his washing machine off the pipe. Only the removal of the washing machine led to the flood.

[Surrey]

Did you hand back the keys? If so, then you could argue that your responsibility for the property (not necessarily the rent) had ended.

[ajs]

Surrey,

I still had the keys as my tenancy agreement had not come to an end. But due to a holiday I moved all my belongings to my new property the day before going on holiday.

Grange,

I appreciate it was the removal of the washing machine that resulted in the flood but the leak was actually due to a faulty tap. I guess I've i'd have moved my property out on the last day the house would have still flooded as there would have been no machine connected to the pipes for a week until the new tenants moved in.

I haven't contacted the estate agents yet to dispute this, I was hoping to understand my position legally before I approached them.

Cheers

Andy

[Grange]

Grange,

I appreciate it was the removal of the washing machine that resulted in the flood but the leak was actually due to a faulty tap. I guess I've i'd have moved my property out on the last day the house would have still flooded as there would have been no machine connected to the pipes for a week until the new tenants moved in.

Were you not aware that the tap was leaking when you removed your washing machine?

[ajs]

Unfortunately not, as the house was left for 10 days before being checked it could have been a very minor leak, but I don't know.

[Grange]

it could have been a very minor leak, but I don't know.

So you detached a washing machine from a tap and did not bother to check that the tap was properly turned off. Morally responsible for the damage - but obviously no responsibility for the repair as that is the landlord's problem.

[ajs]

yes, stupid I know. All i can say is that I was busy on moving day and overlooked it.

From this would you believe that it is my responsiblity for the carpet cleaning/recover op and the landlords responsibility for the plumbers fee's to fix the tap?

Logically that sounds fair to me but I wondered wehther I could argue the cost of the carpet cleaning as it was due a faulty tap?

[Grange]

>>I could argue the cost of the carpet cleaning as it was due a faulty tap?

Presumably you could have turned the water off at the mains.