leak damaged landlord's flooring - help!

[Marisol]

The situation is that we (the tenants ) moved into this house in November. We brought our own washing machine with us.

Turns out that, unbeknownst to us, there has been a leak from the washing machine at the back going on for some time. We did not realise what was happening until water started squishing up from the bit where the floor ends under the door, and even being forced up between the 'tiles'. (Floor is made of some kind of laminate which resembles tiles.) Plumber came out, diagnosed the washing maching problem and fixed it. Water is not squishing out any more, but floor is swollen and 'blown' where the 'tiles' meet.

(There is also some kind of slow leak under the sink I believe, the cupboard floor under there is always a bit wet. Plumbers have diagnosed this to be condensation, though? Not sure about this. Pipe leading to stopcock is often a bit wet . - don't know if this could have contributed?)

Now the thing is the letting agency is blaming us for the problem, as it is out washing machine. They sent out a contracter to quote for a new floor, and some of the plinths need replacing.

The LA have told me we have to pay, the landlord cannot claim on his buildings insurance as it is our own machine that caused it. But I have been googling on here and it seems that in similar cases often the landlord claims and sorts it. We have Endsleigh insurance which I think includes tenants liability, and they have also told me that often the landlord can claim. Also they will only pay out if it states in our tenancy agreement we are liable.

Also, I asked about getting other quotes, and the LA told me they will only allow their own contracter to do the work. Seems quite unreasonable and it doesn't seem to mention this in the Tenancy Agreement. If it turns out we can claim on our insurance then I guess this makes no odds, but if we end up paying ourselves, then I would obviously want to get my own quotes.

Also, the contracter mentioned to me that this type of laminate was not water resistant and was unsuitable for kitchens. He would want to replace with something better. If the flooring had been normal ceramic tiles the water would have stayed on top, litte damage been caused, and we would have been aware of the washing machine problem much earlier. And why should we pay for betterment?


Sorry this is so long, but am a bit fed up! We moved into this house back in November and the dodgy boiler broke immediatlely. OK they did replace it, but we were cold for quite a while and no compensation/heaters or anything offered by the agency.

Any comments/advice?

(sorry I had mistakenly posted this on the 'letting agency questions' section' and thanks to the two people who replied there. But I really wanted it in this section, as there is a lot more traffic and its more appropriate. I requested the moderators to move it, but no response, so I am copying it over).

[Brb]

I flooded my rented home September and my insurance company covered everything. Although annoyingly they sent the payment for the carpeting to them and they had to then pay it back to me.

I would be absolutely astonished if your contract made LL liable for damage caused by T.

[Marisol]

Brb - can I ask how your flood was caused.
Hopefully my insurers are just making offputting noises in the usual attempt to discourage claiming. Shall be very annoyed and upset if they wriggle out of it, though.

But if I do end up having to pay myself I shall be getting my own quotes/negotiating with the LL, etc. I seem to have heard of concepts like 'fair wear and tear' etc, and the ll not being entitled to betterment, the age of the flooring to be taken into account, etc, all of which the LA seem to be ignoring. They seem to think they can just get one quote from their tame contracter, send it to me and I will pay without a muurmer.

Quite hypocritical when you think that this landlord has several quotes for the new boiler, and before we moved in had actually had the neighbours complaining for a long time to the agency about dilapidation to the fascias at the front of the house, making the whole street look bad, and it was AGES before it was fixed.

[Brb]

I was installing a dishwasher and used a plastic water feed doubler (which popped off in the early hours of the morning).

I can't blame a LL getting a few quotes for a boiler - they do cost a lot.

Get a copy of your tenancy agreement to the insurance company. Do read it first obviously as whilst I said I would be astonished if it has LL liable you never know.

[mariner]

Your washing machine leaked and damaged LLs floor & plinths. Your liability.
Claim for consequential damage (floor etc) on your contents Ins. They may conduct a damage assessment/valuation.
By all means, get your 3 quotes (at own expense)for a baseline and provide to LL, he is under no obligation to accept them for what may include major underfloor damage, and you would have to get LLs prior written approval to undertake such major work yourself IMO.
Claim on your Ins and let them sort it with LL, that's patly why you pay their Premiums.
Quality of flooring is only opinion of LAs contractor (poss vested interest). LL got several quotes for boiler, why do you think he will not do same for flooring?

[Marisol]

Thanks Brb. So you had no trouble from your insurers then?

No I am not 'blaming' him for getting several quotes for a boiler - just want to know why I'm not entitled to do the same!

The tenancy agreement has some stuff about me being liable for damage, but the insurers seems to want it to specify that I am liable for a water leaks, seems ridiculous of them. Maybe they have not taken the point that its my own washing machine.

[Marisol]

LL got several quotes for boiler, why do you think he will not do same for flooring?

I think that because I asked the LA about getting other quotes, and basically they said they won't be getting any others and I must just pay this contracter for whatever he decides to charge. They were suggesting he just sends the quote directly to me and I arrange it.