Water leakage ceiling collapsed rental issue?

2009-04-12 6:33 am
I am an international student studying in London. I rent a house with my schoolmates in a one year contract. We've paid all the payment for the house. The below water leaking event happened not more than a month after we moved in.

In last Sept, there was a water leaking problem caused the fallen of bathroom ceiling. Only one tenant in the house at that moment. One night Mary (The tenant) back home after 1 week vacation, she discovered the ceiling dropped in the bathroom. She rang agent promptly. Barry (The plumber) came to re-build the water pipes which cost £150. Barry reported it was because the pipes were built too short caused the leakage. The landlord agreed to repair the pipes but rejected to repair the ceiling. Since the landlord was not in London he requested Mary to settle the repair charge of the pipes first and promised will return her the money.

On 7 April this year, we received an email from the landlord suddenly ask us to pay £500 to repair the ceiling. He said the plumber told him it takes 2 weeks for a water leakage lead to the fallen ceiling. The landlord claimed that Mary had neglected the water leakage and should have tell them before the ceiling dropped down. It is unbelievable to say that the cause of the broken ceiling was the tenant since we were the one suffered. We believe that the landlord is denying his legal responsibility and trying to take advantage from us. It had been 5 months after the event happened, if he claims that it was our problem he should had raised this question at 5 months ago before he promised that he would settle the repair charge. It is supposed that the landlords have insurance plan for their house. We couldn't understand his aim and would like to ask for help and advices.

Who should be responsible for the repair?
How is the landlord's personality and what is he trying to do?
What action should we do?
Does the landlord have rights to kick us out if we refuse to his demand?

回答 (5)

2009-04-17 2:33 pm
✔ 最佳答案
Who should be responsible for the repair?

The repair of the ceiling is something that the landlord should normally be responsible for. He may be able to claim the cost (or part of the cost) if you broke the terms of your tenacy or were negligent.

I guess he may think that the ceiling would not have been damaged if he knew about the problem earlier. As Mary was away for a week, the property would be unoccupied - is this permitted in your tenancy agreement, and does the landlord know that she was only away for 1 week. Were there any signs of a problem before she went away, such as a dripping sound or a wet floor.

How is the landlord's personality and what is he trying to do?

The landlord may be hoping that you will just pay up as you won't know UK housing law.

What action should we do?

Speak to the agent if there is one.
Collect evidence - photos etc.

Take advice from one or more of the following:

The housing advisor or student union welfare officer in your college.

A Citizens Advice Bureau
http://www.citizensadvice.org.uk/

Shelter, a UK housing charity - their website is also worth looking at.
http://england.shelter.org.uk/

Does the landlord have rights to kick us out if we refuse to his demand?
He may have to get a court order to evict you, which you may be able to contest.
2009-04-12 6:49 am
Landlord ResponsibilitiesFrom 30th April 2006, all private landlords must have registered with the local authority. This mandatory registration process has been implemented to ensure that landlords are 'fit and proper persons'. You can register or check if your landlord is registered by visiting the Landlord Registration website.

The responsibilities of the landlord should be embodied within the Tenancy Agreement. If they are not included however, or there is no written agreement, certain key responsibilities still apply. These are summarised as followed.

A landlord must provide the tenant with their name and address and/or contact details of their agent if they have one.
A rent book must be provided if the tenant is to pay rent weekly and receipts must be issued for any cash payments.
A minimum of 24 hours notice in writing is required if a landlord needs access to a tenanted property to carry out an inspection or non-emergency repairs. Notice is not required for emergency repairs.
A landlord should ensure that the property is wind and watertight.
A landlord must ensure that the property and it contents are safe in terms of gas, electricity and furniture regulations.
A landlord must follow the correct procedure to remove a tenant from a property.
Landlords of Houses in Multiple Occupation must be licensed.
2016-05-24 11:37 pm
Perhaps, if your ceiling has steel reinforcing in it. The steel reinforcing will eventually rust and swell, breaking the concrete. Water should not leak from your ceiling. Do you have strata title there? Get your body corporate to investigate and repair the cause. Water leakage will cause mould to grow which is very harmful to your health
2009-04-13 6:01 pm
you have the right, to stay there and the landlord should pay for any cost to the house, he should be covered by insurance,
is the property rented from the council or privately.

who did he go to , when he let the premises out, was it a estate agent, if so go back to them and tell them what has happened.
and take photos of the damage, that way, you can be sure it will come back on him. and also take your tenancy agreement with you.

which means you will be covered. so he will have not a leg to stand on.

good luck .
2009-04-12 4:48 pm
you have proof from a reciept or work carried out by the plumber if not get a report from the plumber on what work was carried out and what damage was inspected at the time.

as it is the ceiling and not the floor and if the roofing has got signs of wood rot or water damage take photos of these and the location of the pipes.

i believe your not responsible for the repair as it arised from damaged caused from previous leaking pipes.

though follow up on the plumber if you have been the ones to pay for this intial repair


good luck


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