Flood in apartment - Who is responsible for what?

u60gypx5jakoti

Just went to fetch something from my storage room 1 hour ago and discovered a flood. Immediately informed the letting agent(no answer so left voicemail) and then the apartment handyman, who will be here in approximately 2 hrs from now. In the meantime I emptied the storage room and checked the apartment for further water. It has spread to bathroom, hall, boiler room, storage room and bedroom so far. As far as I can see the leak is coming from piping in the boiler room. Two days ago the handyman was there adjusting the boiler so I guess he might have caused something. Obviously the landlord will be insured for his own place, floors, walls, etc, but what of my things?
So far the flood has damaged sturdy boxes of mine(their contents were dry) so is the landlord responsible for replacing them/reimbursing me for them?
Also it has soaked through some floor lino I own and had put down in the bedroom and this now stinks. Is he responsible for replacing/reimbursing me for that? I`ve moved any other possessions of ours that were near the affected areas away so they should be fine.
Then what about the work to be done to fix this problem? Obviously thats the landlords responsibility including possible replacement of floorboards, tiles etc but what about the inconvenience we may be caused? If for example we are unable to use water in the apartment? Or unable to shower? Or when it comes to fixing the flood in the bedroom and if we can`t sleep there while it is being done, are we entitled to have alternative accommodation provided by the landlord?
And finally, what if the leak gets fixed now, but returns in the future, is a landlord liable for damage to my possessions?

Paulw

You are responsible for your own property (unless the landlord caused the flooding, and even then you'd have to prove negligence). So, your contents insurance should cover most of your stuff. But, of course, contents insurance will probably not cover flooring.

If the place is a hazard to living, then the landlord may pay for you to stay elsewhere while it is being fixed. But, just from what you've said, it doesn't sound like it's unlivable.

BostonB

Paulw wrote: »

...If the place is a hazard to living, then the landlord may pay for you to stay elsewhere while it is being fixed. ...

Where are you getting that from?

Insurance Works

If its an apartment then the management company will have the block insured for this type of damage unless it has been specifically excluded from the policy (which is unlikely but there are cases of water damage being excluded from policies)

The block policy will only cover the buildings damage less the applicable excess.

You will need to make a claim on your contents insurance for your own belongings including the lino you can then seek reimbursement from whoever is found to be liable for causing the damage, that is of course assuming somebody is liable. Your landlord will most likely not be held accountable for any damage to your contents in this case.

Ray Palmer

Most tenants don't have content insurance so people assuming that seem to have a strange idea as far as I can see.

Leaks are not nessarily anybodys' fault and just a part of life. In other words nobody pays. Certainly not the LL, he has insurance for his property not the tenants. THe LL is not responsible for damage to your property unless he was the casue which is not the case.

You pretty much have no chance of proving neglect and that is mainly becasue it would be pretty hard to prove any way.

Sorry to say you have no recourse unless you have content insurance.

seamus

In general, liability falls onto the person who made the mistake. If the handyman did a distinctly poor job of whatever he was doing, then he could be liable for damages arising out of that faulty repair.

Theoretically the landlord could be liable vicariously if the landlord hired the person to do the repairs, but in most cases you would be told to chase the handyman for compensation.

Generally though flooding is considered a "**** happens" incident where everyone is responsible for their own property and nobody in particular has any liability for it.

Your landlord would not be required to provide or pay for alternative accomodation while the unit is being cleaned/repaired.

Victor

seamus wrote: »

Generally though flooding is considered a "**** happens" incident where everyone is responsible for their own property and nobody in particular has any liability for it.

I think you are glossing over things slightly. If someone did work on plumbing and forgot to tighten a pipe connection or close a drainage valve and then someone else, believing that the system has been fixed had run water through the system, then Rylands v Fletcher kicks in. http://en.wikipedia.org/wiki/Rylands_v_Fletcher

Your landlord would not be required to provide or pay for alternative accomodation while the unit is being cleaned/repaired.

I think this is down to the amount of work required.

coffee_cake

nope you need contents insurance

seamus

Victor wrote: »

I think you are glossing over things slightly.

Indeed I was

I think this is don't to the amount of work required.

Side note, ignoring the OP's case; If a rental property is damaged by a fire while there is an active lease, is the landlord obliged to provide/pay for alternative accomodation while the property is repaired?
Or is it a case that if the property becomes unsuitable for living in, the lease is cancelled or suspended?

Victor

seamus wrote: »

Indeed I was
Side note, ignoring the OP's case; If a rental property is damaged by a fire while there is an active lease, is the landlord obliged to provide/pay for alternative accomodation while the property is repaired?
Or is it a case that if the property becomes unsuitable for living in, the lease is cancelled or suspended?

Whose fault is the fire?
* Landlord, e.g. landlord's cigarette not properly extinguished or landlord's workmen start fire with welding equipment: Landlord needs to make the maximum allowance to the tenant.
* Tenant: Could be grounds for eviction if serious enough. Assuming sole tenant responsibility, then the tenant has no comeback.
* Third party, e.g. fire in neighbouring property spread to tenant's residence: Landlord needs to make the maximum allowance to the tenant, although some understanding form the tenant would be needed.

How extensive was the fire?
* Soot mark to ceiling from burning frying pan: no payment for alternative accommodation as it is unnecessary.
* Material damage to one room: some allowance.
* One room destroyed or several rooms damaged or worse: some alternative accommodation is likely to be necessary.
* Complete destruction: Contract frustrated.