Tenant ignored leak from shower cubical?

Tenant ignored leak from shower cubical?

0:02 AM, 1st August 2023, About 10 months ago 12

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Hello, a tenant has ignored a leak from a shower cubical for months. The upshot is that I had to pay privately for trace and access which has uncovered over £6000 worth of damage!! I have also been informed that it cannot be an insurance claim.

Anyone else had this and can give advice on the next steps to take apart from fixing the leak?

Any advice would be greatly appreciated!

Thanks,

Steve


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Comments

David Houghton

9:48 AM, 1st August 2023, About 9 months ago

It's the tort of voluntary waste. You can claim the costs of the tenant

Judith Wordsworth

9:57 AM, 1st August 2023, About 9 months ago

Would the leak have been obvious on your regular property inspections?

Stephen Hall

10:36 AM, 1st August 2023, About 9 months ago

Reply to the comment left by Judith Wordsworth at 01/08/2023 - 09:57
Hi,

No the leak was not obvious as don't tend to run showers during a visit.

I just normally ask if there are any issues that need sorting and bathroom flooding was not even mentioned as it would have been actioned immediately. ( Had a similar incident in another apartment which caused very little damage )

The real problem is that is has penetrated the concrete floor and not sure how widespread the damage is as might have spread to communal areas ( Ground Floor apartment )

Russell Cartner

11:53 AM, 1st August 2023, About 9 months ago

Reply to the comment left by Russell Cartner at 01/08/2023 - 11:52
The tenant doesn't give a jot about you or your house. Evict them no matter what . PRS is now a no go area. Sue the tenant. If you have legal isurance which is a must these days surely they can do it for you. CCJ will cuase them a lot of grief

David

11:55 AM, 1st August 2023, About 9 months ago

You need really good evidence of your inspections, the questions you asked the tenant and their replies if you are to have any hope with a claim against the tenant. Even then I dont fancy your chances if the tenant, (or their solicitor) argues that you should have inspected the shower more thoroughly.

RoseD

15:25 PM, 1st August 2023, About 9 months ago

I'm with David on this. You need to up your game with inspection. If you didn't spot leak/damage then tenant can easily say they weren't aware of any such leak or damage. Unless you get tenants to agree to it being their responsibility you just going to cause yourself major hassle in suing.

Stephen Hall

18:03 PM, 1st August 2023, About 9 months ago

Reply to the comment left by RoseD at 01/08/2023 - 15:25
Hi,
Unfortunately for me there was nothing to spot and the only way I would have found this issue would have been to have a shower! 3 professional companies Plumbing, Damp Course and Drainage also failed to spot the issue and only Trace and Access ( Privately funded ) which my Freeholder rejected found the issue

I am hoping that it may jog a few people into realising that Landlords are on the losing side on this sort of issue.

I am not looking to sue or bring any legal action against the Tennant as they have no means to pay compensation even if I won the case!

I suppose what I was really looking for is how to proceed on a insurance claim basis given the fact I am being advised I alone have to pay for all the damage of which the full scale is still unknown as it may have affected the communal areas.

RoseD

18:28 PM, 1st August 2023, About 9 months ago

Reply to the comment left by Stephen Hall at 01/08/2023 - 18:03
Sorry Stephen my impression was that your tenants responsible for this. How so? If the water was eventually draining away how would they now that this was in fact a flooding/damage issue and what actual damage can be seen from your flat? Most insurance companies resist initial claim (especially at £6k repair work). What reason are they giving for no compensation?

Stephen Hall

18:42 PM, 1st August 2023, About 9 months ago

Reply to the comment left by RoseD at 01/08/2023 - 18:28
RoseD, No need to be sorry

The water was escaping the shower cubical at the back of the toilet and then was draining into the concrete floor and hitting the membrane and pooling there. It must have been noticeable after a shower that the floor was wet but no other signs apart from mould in the room next door which alerted me to the issue,

The problem with the insurance is the freeholder would not claim for trace and access on the buildings insurance so I had to bypass him and speak direct to the insurance company, They have just acknowledged a claim but say they need to go through the freeholder who is unwilling to move forward on the issue. He does not know at this point how much damage could have been done due to his attitude.

RoseD

19:04 PM, 1st August 2023, About 9 months ago

Reply to the comment left by Stephen Hall at 01/08/2023 - 18:42
I think you need to take legal advice. It's not your tenants who are at fault as if they had alerted you it wouldn't have changed the problem you have with freeholder and sourcing the leak. Do you have a residents committee/forum? This could happen to anyone of the properties within this complex. I have one flat and the insurance is covered within the service charges. I should mention this is just my opinion.

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