UK Landlord Forum / Life

Thanks for reading I'd appreciate any advise.

Our flat was damaged by a leak in the flat above. Water leaked from a overflowing bath resulting in damage to a bedroom and bathroom ceiling being ruined.

Unfortunately our tenant was unable to stay in the room as a result.   The tenant has not signed a contract or paid a deposit because She is a friend of a friend. She also paid very cheap rent. She could have stayed in the flat and slept in the sitting room but she has elected to stay at her boyfriends and asked us to pay for alternative accommodation and wants us to replace her damaged stuff such as laptop and clothes. She had no contents insurance and seems to believe it is our responsibility to replace it even though the damage was caused by another flat.

She is now taking us to the small claims court. She is also citing that we did not have a electrical safety certificate. Which I feel is the only thing we did wrong.

What are our responsibilities as a landlord if the damage to her room was not as result to disrepair or neglect.

Any help would be appreciated. 

First point... it is not a requirement to have an electrical safety certificate.

Second point... the Tenant is responsible for their own Contents, and that's why people take out Contents Insurance. You don't absolve yourself from this requirement by electing to not get insurance... you don't just get to 'piggy-back' on someone's else expense - that is a ludicrous idea. In my AST, there is the following text - "The Tenant(s) is responsible for the insurance of their own Contents, but it is a matter for the Tenant(s) regarding whether they have Contents insurance."

Third point... even though the leak emanated from the above flat, you should probably be talking to your own Insurance Company, if they need to talk to the other Insurance Company they will do.

thank you hippogriff

That's great information

I thought it was now a legal requirement to have a certificate? Can she report us to the environmental agency ?

There is no requirement, at all, to have an electrical safety certificate. Gas = yes.

https://www.gov.uk/private-renting/your-landlords-safety-responsibilities

Hippo is 100% correct.
Just a word of warning/caution
Check the terms of your Landlord Insurance (?) right (?) not standard residential insurance (right ?)
Does it require a written tenancy agreement? Sometimes they do - so they can see who is the tenant etc...
You dont have one.... Tread carefully....

Best of luck.