Rain ingress in garage damaging tenant’s carpet?

Rain ingress in garage damaging tenant’s carpet?

10:40 AM, 10th June 2019, About 2 years ago 15

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I have a 1960s bungalow with brick adjoining garage. During phenomenal rain last week water came in at the base of two walls, where I believe the outside concrete is slightly higher than the garage floor.

The carpet the tenants had laid in the garage was of course sodden. I’m not sure yet whether they are angling for reimbursement, but am preparing for that possibility. Am I reasonable in thinking that a garage is not expected to be as weatherproof as the house (after all, there is the usual air gap around the canopy door)?

Many Thanks.

Gunga Din


by Mike

1:59 AM, 12th June 2019, About 2 years ago

As a good will gesture offer your tenant 10p as a voluntary componsation, there is absolutely no obligation on your part to pay him for it, he laid a carpet in your garage at his own risk, in fact it may now ruin your garage if he don't get that carpet out to dry up the garage, so what you now have to do is to ask him can he please remove that carpet and dispose it off and do not again carpet your garage as it may cause smells and damp and ruin it. If he fails to comply serve him a Section 21.

I have a tenant who has stuffed a king size bed in a box room, with about 8" gaps from the side and about 2 feet at the narrow end, I have ordered him to remove that because a box room is illegal to be occupied by an adult and a king size bed is for adults, this bed is causing mold growth as the air is not circulating properly. So far he has not heeded my request, so a S21 is being prepared and will be served on him soon. 6.51sq meters is the minimum room size, but that box room is 5.9sq meters.

by Seething Landlord

11:01 AM, 12th June 2019, About 2 years ago

Reply to the comment left by Mike at 12/06/2019 - 01:59
I think you will find that the minimum room sizes only apply to HMOs. Your proposed action could be seized on by Shelter et al as yet another reason to abolish S21.

by Terry Fitzpatrick

7:58 AM, 15th June 2019, About 2 years ago

There are a number of legal issues here and the first is why the tenant laid, and I assume the carpet was laid and not stored, carpet in a garage. I would write to the tenant for a full explanation of the circumstances.

The second is issue is one of foreseeability . If the fabric of the garage has always been sufficient to repel water in normal circumstances then the tenant, even if the garage wasn't being used as accommodation, doesn't have a case. In extreme weather conditions the system that was designed and installed might not be sufficient but that isn't the fault of the landlord. Wait for the claim is always my strategy and see what it says.

by Jessie Jones

11:37 AM, 15th June 2019, About 2 years ago

Is there anything in the tenancy agreement, inventory, advert or otherwise that implies that the garage floor is suitable for a carpet? If there isn't then I would say that you have no liability.

My own garage floor gets wet following heavy rain, so does my shed floor and so does my greenhouse floor. These are all designed to keep water out, but not to the extent that I can put carpet in them. Your tenant needs to claim on his contents insurance, but i rather suspect that the insurance company would reject the claim on the basis that he has been negligent by using the carpet in a way it isn't intended.

by Gunga Din

14:08 PM, 16th June 2019, About 2 years ago

Thanks All.

My objective in starting the thread was to confirm my position in case confrontation arose. In fact the tenant observed that the pointing low down outside the garage wall was defective, so she re-pointed it. They have also obtained one of those rubber strips which are stuck to the floor to close the gap under the up-and-over door. This I offered to do because I know they work.

There has been more torrential rain with no recurrence of the problem so it all ended satisfactorily.

It seems my fears were unfounded and I fortunately have conscientious and committed tenants!

I appreciate all the comments though.

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