Can my letting agent withhold rent to cover water leak repairs?
12 months ago | 9 comments
Can delayed reporting of a leak make a tenant liable for damage?
12:01 AM, 4th December 2025, 5 months ago
5
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My tenant of 14 years reported a puddle on her carpet, which she had noticed three weeks ago, and she tried to mop it up with a towel.
However, it kept coming back, so I went the next morning to find access to the airing cupboard blocked by furniture and clutter, so I had to clear it away, and immediately I could hear the drip and found the cupboard covered in mould and a hole in the wall.
She claims she never uses this cupboard, so did not know that this was where the leak was coming from. The water has seeped into her bedroom, damaging the carpet and her wardrobe as well as the carpet in the hall. The plumber repaired the leak quickly, and I have put in a dehumidifier to dry up the walls.
She is now being very difficult and downright abusive when I asked her to clear up the flat so workmen could get access, as she is a hoarder and is 83 years old. She seems to think that I am liable to compensate her for her damaged goods, though she does have her own contents insurance.
I have contacted her church for help, and the wardrobe has now been removed, but it is still so difficult to access electrical sockets to do a check, as she has so much stuff blocking everything.
Can I hold her liable for the cost of repairs, as the leak was not reported for three weeks after she discovered it, and am I liable for any of her belongings? Do hot water tanks need regular servicing, as I am not aware of this. I only do EICR checks every 5 years and annual gas safety checks.
Thanks,
Kate
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Member Since January 2020 - Comments: 559
9:36 AM, 4th December 2025, About 5 months ago
Hot water tanks don;t generally need servicing, but obviously sometimes they leak; unless you have a very old one (the copper variety) I’m not sure it’s something you can predict.
I doubt you will get anywhere with any claim against the tenant. You could make a claim on your insurance for the consequential loss (but not the repairt itself) and the tenant should claim on her own insurance for her losses.
In my experience this is something landlords have to put up with.
Member Since February 2024 - Comments: 71
12:10 PM, 4th December 2025, About 5 months ago
She didn’t directly cause the damage but by not reporting it in a timely manner has possibly caused it to be worse than it would have been had she reported it earlier. I would just make an insurance claim to cover damage to your property. I don’t think you could claim for damage to her belongings on your insurance. We had leak in upstairs flat which caused damage to flat below, our insurance covered damage to lower flat but not to tenants belongings. He had to make a claim via his own insurance. (I was told at time that his insurance would recover the money via our insurance, no idea if that is true)
However, given that she hasnt reported the leak for 3 weeks and as she is a hoarder and is being difficult and abusive about moving her stuff to allow repairs and safety checks to be carried out I would seriously consider serving S21 whilst you still can. I would have concerns about her well being and about my property.
Sad I know to evict a long term tenant who is now an elderly lady, but receiving a S21 will may be a wake up call for her.
Does she have family that could help, or maybe alert Social Services to your concerns about her lifestyle. Her Church seem to be aware, but it’s very difficult sometimes to get independent elderly people to accept that they are in need of help.
Member Since October 2020 - Comments: 1171
1:39 PM, 4th December 2025, About 5 months ago
The leak is the sort of thing that a landlord is normally expected to pick up through inspections, but it could happen mid-cycle and a heavily cluttered flat is a limiting factor. However, I doubt you would get any traction with a claim against the tenant.
I don’t believe you’re liable for any damage to her belonging though, provided your tenancy agreement makes this clear.
Member Since August 2016 - Comments: 508
3:43 PM, 4th December 2025, About 5 months ago
Other dangers are fire, hygiene, health mental and physical?
A word with her Vicar?
Member Since March 2023 - Comments: 1506
9:15 PM, 4th December 2025, About 5 months ago
My tenant this year had NO hot water for nearly 3 months (he had an electric shower and boilwed his hot water in a kettle). Didn’t report it to me as he wasnt really bothered at the time.
When he did finally report it to me, it took me a month to fix – The immersion heater in the tank had gone so –
Couldn’t replace the immersion heater as it had been glued into the tank. Needed a new tank which was an odd size and had to order it. new immersion heater fitted and still no hot water. Had to replace the programmer as this had blown. Still no hot water, had to replace the thermostat .. Hot water at last, but even now the tenant only uses it to wash his dishes. Total cost for all of this messing about was £1500