Jump to content

 

BankFodder BankFodder


syco292

Help needed. Repair costs and Liability

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3392 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

I need some advice.

 

I moved into a new flat a couple of months ago under an assured shorthold tenancy. It is a second floor flat as part of a three storey building.

 

A couple of days after moving in, the ground floor flat flooded. It was found the water had come from our flat but, as it was discovered it was a burst pipe, we were cleared of liability for the damage caused downstairs as it was not our fault.

 

The entire flat has laminate flooring throughout and, about a month after the flooding downstairs, one of the laminate boards in the middle of the living room floor buckled and curled up. We've never spilt any liquids on the floor in great quantity (i.e. beyond maybe wet shoes after coming in from outside). The landlord has had someone come round and asses the damage and has now advised that we are liable as it has been caused through negligence and we will have to pay for an entirely new floor to be fitted.

 

simple question, where do i stand? Am I liable to pay for this? it seems likely that it has been caused by the water damage downstairs (which eminated from our flat) however is it up to us to prove this, or is it up to her to prove that it has been caused by our neglicence? Help needed please.

 

Thanks guys

Share this post


Link to post
Share on other sites

Onus of proof is on him - simple as that.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Share this post


Link to post
Share on other sites

Thanks Mr Shed. That is what I basically thought.

 

Also, can you clarify what the actual definition of betterment is in this context?

I've since found out that the original floor was fitted 5 years ago. If the LL is demanding we pay for a brand new floor, is this an example of the above?

 

I've also discovered that it looks like the floor was fitted incorrectly. Apparently, with laminate floor, you are meant to leave a gap between the floor and the wall to allow for the expanding and shrinking of the laminate, and in this case this hasnt been allowed.

Dont think the LL has much of a case to be honest though.

Share this post


Link to post
Share on other sites

Yes that is correct. Betterment is getting the tenant to pay "new for old" basically. IF he had a claim in this scenario, he would only be entitled to charge you what it would cost for a floor in the same condition and AGE as the existing one.

 

This obviously doesnt work in practice, so it would end up being a percentage of the cost of the new one.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Share this post


Link to post
Share on other sites

It might be worth you having someone (maybe a surveyor) round to assess the damage and it's possible cause. I don't think you should have to pay for this and anyway, it can probably be covered by insurance.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...