Water damage from baby sock?

Water damage from baby sock?

9:05 AM, 9th November 2020, About 4 years ago 34

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Due to a tenant’s baby sock being stuck in the filter, the washing machine didn’t empty, and the kitchen got flooded which also caused water damage to the flat below.

The tenant denies responsibility saying where in the AST does it say he is responsible for cleaning the washing machine filter? Or adding salt to the dishwasher or cleaning the cooker extractor fans/change carbon filters for that matter. And he’s right – there’s no mention of this responsibility in the AST

Can a clause be added to all new ASTs to say that tenants are responsible for limited ongoing maintenance of white goods along the lines of the above?

This will prolong appliance lives and avoid unnecessary breakdowns and repairs. This has happened before and was just accepted as ‘one of those things’ but tenants surely have to accept some responsibility here. Does anyone have some sample wording that can be inserted?

Any and all suggestions gratefully received.

Jonathan


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Comments

LaLo

11:32 AM, 9th November 2020, About 4 years ago

I just recently had the same, if the ceiling below is lath and plaster it can take 6 months to dry and it would be wise to prove this to the tenant below. The machine connection was loose but my tenant has always been fine so I let it go as good tenants are worth their weight in gold! Best not to alienate!

Clint

11:44 AM, 9th November 2020, About 4 years ago

I have a tenant or should I call a trespasser as, she gave a notice and did not move out where I had another tenant lined up for the day after she was due to move out but, on the day of moving out, she said she could not find a place and stayed on so money is being taken as mesne profits.
Anyway, last week she phoned me and said that her storage heater was not working so I called a contractor who charged a fixed charge of £140 for the repair which would have included parts. On arrival, he told me the reason it was not working was, because the mains switch was off. I obviously paid the £140 as that was agreed however, on speaking to the trespasser she said she did not switch it off, and refused to contribute anything towards the costs. She, her child or her guests obviously turned it off.
Do I, now take legal proceedings or just ignore it. This is the second time this has happened over around three years where the last time it was the electrical shower being switched off.
I understand, that I may have digressed from the main topic but, have only included this as it is to do with repairs.

Chris @ Possession Friend

11:46 AM, 9th November 2020, About 4 years ago

I think the point that David and others make about supplying white goods, is that if its the tenants washing machine that has caused the leak, - then its the tenants responsibility and you can add Tenant-like behaviour into that mix.
I think of all Appliances to go wrong, the most frequent and costly has to be a washing machine ?
That said, it doesn't seem routine cleaning of the filter ( not being carried out for such a considerable period that it led to a blockage ) but an accidental clogging by a piece of small clothing that caused this leak - flood.
If the landlord were to make a claim against tenants Deposit, or bring a Money claim in court, I wouldn't be too optimistic of the result.
Insurance claim seems most appropriate in my view.

TheMaluka

11:48 AM, 9th November 2020, About 4 years ago

Reply to the comment left by Ian Narbeth at 09/11/2020 - 11:28
Ian I realise that, I was just advising for the future. Water leaks are a major problem and the way I deal with it is to bite the bullet, do the necessary repairs and then look for a way to avoid ongoing problems. Hence my comment.

Smartermind

12:47 PM, 9th November 2020, About 4 years ago

Reply to the comment left by Clint at 09/11/2020 - 11:44
Perhaps a cursory check, by you personally, before you called the electrician would have revealed the power supply was switched off. Especially if you had a similar experience previously.

As the tenant has not vacated and is in her periodic term, she is not a trespasser. Annoying as it may be.

Yvonne Francis

14:57 PM, 9th November 2020, About 4 years ago

I must say I agree with Ian on this. Tenants can take out their own insurance against such things.

I do not have a choice with supplying white goods as I have student accommodation, but I try to check everything of this nature during the yearly change over of tenancies.

However in my experience if there was anything in the filter the machine would refused to drain. Not sure either, why a sock would find its way into a filter. It was never something I experienced when I had children, and put in my washing machine very small things. Are you sure there is not another reason why the machine leaked.

However I get the general point and I am at the moment having to get CCTV cameras down my drains in one of my houses, as the new tenants have blocked it twice since the summer, and swear blind they have not put anything down. Yes something may be amiss, but the drain has not been blocked for 25 years, and my experience of tenants lying, even when I have found good evidence, is legendary, and on the light side most amusing!

Ian Narbeth

15:06 PM, 9th November 2020, About 4 years ago

Reply to the comment left by Yvonne Francis at 09/11/2020 - 14:57
If the tenant immediately tries to wriggle out of responsibility then they are unlikely to have liability insurance. I found five (yes five) baby's socks in the filter of a tumble dryer that had started playing up in one of our HMOs. Fortunately no harm done and the tenants could have sorted it themselves if they had spent a few minutes checking the machine rather than calling the landlord immediately. There weren't supposed to be any babies in the house so we never found out which of our 6 tenants was responsible.

Chris @ Possession Friend

15:07 PM, 9th November 2020, About 4 years ago

Reply to the comment left by Yvonne Francis at 09/11/2020 - 14:57
Tenants ' can ' ( rarely do, in my experience ) take out contents insurance on their own possessions.
In this incident, the washing machine was the landlords and also the building covered by the Landlords Insurance.

Ian Narbeth

15:13 PM, 9th November 2020, About 4 years ago

Reply to the comment left by Chris @ Possession Friend at 09/11/2020 - 15:07
Chris
It's liability (as opposed to property) insurance the tenant needs for causing damage to a third party's property.

From the OP's perspective it might be best for the neighbour's contents and property insurance to cover the cost of repairs and then the insurers can decide whether to pursue the tenant.

Chris @ Possession Friend

15:16 PM, 9th November 2020, About 4 years ago

Reply to the comment left by Ian Narbeth at 09/11/2020 - 15:13What chances do you rate a successful Deposit or Money claim against the tenant Ian ?
( about as much chance as Trump has of overturning the election, unfortunately 😉

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