LANDLORDS OR TENANTS: WHO PAYS FOR THE WATER DAMAGE?

What is Water Damage?

Water damage in a rental property is usually caused by pipe burst, roof leaks, flooding, overflow of water and poor plumbing joint. Water has an uncanny flair of finding the gap, holes and gravity performs the rest.  In a rental property if water damage occurs who are required to pay for the repairs?

 

What are the legal responsibilities of the landlord when it comes with water damage?

The landlord of the flat or the home is responsible to provide a habitable rental property, which by law means that there must be essential plumbing such as a good working toilet, shower, and other common necessities.

 

Section 11 of the Landlord & Tenant Act 1985  implied the following obligations:

 ·        Landlord is responsible for keeping the repair of the structure and exterior of the dwelling. Drains, gutters, external pipes and are included.

 

·        Landlord is responsible in keeping the repair and proper working order of the installations in the dwelling for the supply of water, gas, electricity, and sanitation such as sinks, baths, and other sanitary conveniences

 

·        Landlord is responsible for the proper working order of the installations in the dwelling for room and water heating

 

 What is the responsibility of the landlord when there is a leak from another neighboring property?

If the damage in the rental property is caused from neighboring property, for instance, the water from neighboring flat cases damage in the property, then the landlord is responsible for repairing it.

 

Who is responsible with the leak in the rental property?

The largely fall to a landlord not the tenant

 

What are the duties of the tenants?

The tenant must let the landlord about the water damage in a timely manner. Once a tenant notices any water leaks or water damage, the tenant must notify the landlord, if the landlord fails to repair the water damage, the landlord will be held liable due to negligence. 

 

However, in the event where the tenant leaves the faucet, resulting to flood, then the tenant would be held responsible for the potential water damage. Also, if the water pipes to burst or leak is caused by the tenant, then the tenant is held accountable, and the landlord can charge for the cost of repair. But getting them to admit to this or proving this can be sometime impossible.



At Bluestone Properties, we are a property management and letting agency in south west London. We provide services to clients throughout the area, including Balham, Tooting, Clapham and Streatham