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Oct, 2014

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  1. #1

    Default Escape of Water. Insurance/Landlord VS Tenant negligence

    Recently a tenant in a 2nd floor flat came home from work and left a tap on whilst he fell asleep causing overflow in the kitchen (the plug left in) causing considerable damage to the downstairs flat. The tenant claims he turned the tap fully off but the tap must not have ceased flowing as it would usually take 15-20 seconds to do this at he left the room before it did. The reason it would take so long as the tap was stiff but tenants never reported this to the landlord previously. Once this happened the landlord called in a plumber the very next day who recognized and fixed the tap, installing a whole new set.

    My question is can the landlord (or rather landlords insurance) claim full negligance on part of the tenant, as they did not ensure the water ceased flowing. Or are the tenants in a position as they think they are in that the faulty tap was to blame for the water not ceasing to flow? Also has the fact a plumper was called and fixed the problem and Ill adverted acknowledgement of at least some responsibility on part of the landlord/tap?

    This is not a simple issue but the insurance are seeking the tenant be charged with full negligence whilst the tenant claims the tap did not work as it should, but surely they are still responsible for not ensuring the water ceased flowing?

    Anyone with any thoughts on this would be great to hear from. The tenant does not have any insurance to cover himself and probably not enough to cover the damage..

  2. #2
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    4,982

    Default

    Do you stop and look at your tap, to make sure absolutly no water is
    dripping out of the tap. I don't think many do.
    You do what you do, then turn off the tap, and when it wont turn
    off any more, then it is off, usualy when turning to get the towel.

    You have a faulty tap, it always used to stop the water flowing when
    it refused to turn off any more. and has done for the past 20 years
    or so.

    Don't blame the tenant for your un-maintained taps.
    Yes, they have to be maintained, dismantled to remove the brass
    filings that accumulate through metal to metal contact on the brass
    threads, and to remove the crud and green gunge that festers in there.

    Dissasemble the taps, clean all threads and crud, grease the threads,
    and put new washers on ( large at bottom, ans small on shank at top )

    Have you maintained your taps ? to prevent them from getting stiff.
    If you have, then it could be tenant related.
    If not, then your fault for not ensuring taps dont seizeup.

    seizing up is usualy at the top of the tap shaft where it meets the air
    and brass / water / air then forms a coating that makes the tap shaft
    stick in the upper part.

    I don't maintain my boiler, so its the tenants fault ? if it leaks
    I don't maintain moving tap parts so it's the tenants fault ?
    if it leaks.

    Food for thought.

    R.a.M.

  3. #3
    Join Date
    Jan 2011
    Posts
    3,420

    Default

    ram isn't it Ts resp to report a dysfunctional tap?
    If a tap is dripping contnuously, would you leave the plug in for water to overflow the sink?
    The sink would not have overflowed if plug had not been left in and the waste pipe not blocked.
    The phrase 'tenant-like manner' comes to mind.

  4. #4
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    4,982

    Default

    Quote Originally Posted by mariner View Post
    ram isn't it Ts resp to report a dysfunctional tap?
    If a tap is dripping contnuously, .
    Yes it is, but as i tried to point out,
    Do you stop and look at your tap, to make sure absolutly no water is
    dripping out of the tap. I don't think many do.
    You do what you do, then turn off the tap, and when it wont turn
    off any more, then it is off, usualy when turning to get the towel.

    Are we certain that the tap was dripping, or that it started to drip
    due to increased water pressure, and if the tap was not faulty, it would
    not have flooded. I know our pressure fluctuates.

    As said, no one looks at a tap when they know it does not drip the past
    few years when turned off.

    R.a.M.

  5. #5
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by deeinlondon View Post
    This is not a simple issue but the insurance are seeking the tenant be charged with full negligence whilst the tenant claims the tap did not work as it should, but surely they are still responsible for not ensuring the water ceased flowing?
    The T had a duty to report the faulty tap to you. He did not, so this was negligence.

    In addition, although T was aware the tap was faulty, he left the room while water was still flowing from the tap, with the plug in the sink. Also negligence.

  6. #6

    Default

    Tenant is claiming that previously the teanats had seen this only as an inconvenience not as trueley faulty. But for the first time once this happened was the only time they would consider actually faulty

  7. #7
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by deeinlondon View Post
    Tenant is claiming that previously the teanats had seen this only as an inconvenience not as trueley faulty. But for the first time once this happened was the only time they would consider actually faulty
    Any reasonable person would consider a tap that continued to run even after it had been turned off as faulty. Truly and actually faulty.

    Whether it was the first time it happened or not, you do not leave a tap running and the plug in the sink and leave the room assuming that the water will stop flowing a few seconds later.

  8. #8

    Default

    I agree. I just hope this stand ups leagally / in court should it come to that.. There's no getting away from the fact that a problem was speedily fixed after this happened. Thanks for the replies so far!

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